A putative class of dentists are defending their claims of an antitrust conspiracy in New York federal court against the three largest distributors of dental supplies in the U.S., saying that their consolidated complaint should not be dismissed because it goes above and beyond what’s necessary.
The distributors — Henry Schein Inc., Patterson Companies Inc. and Benco Dental Supply Company Inc. — have argued that the three elements of the alleged scheme are merely isolated actions and that the plaintiffs haven’t sufficiently tied it all together. The seven plaintiffs, however, said in a filing posted Tuesday that they only need to allege a plausible conspiracy in the Second Circuit but have nonetheless provided direct evidence of how all three threads wove a conspiracy.
“The [consolidated complaint] is based upon specific facts uncovered through investigation, information provided by a whistleblower, confidential internal company documents produced in discovery, and even audio recordings of the conspirators’ own statements and admissions,” the dentists said. “It sets out with great specificity how the cartel members accomplished a long-running restraint of trade through an overarching conspiracy comprised of three interrelated, complimentary parts.”
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