Benco and Patterson Decline to Appeal FTC Decision

Dentistry Today

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After Chief Administrative Law Judge D. Michael Chappell held in his initial decision that two of three respondents named in a Federal Trade Commission (FTC) complaint violated federal antitrust laws, those companies have declined to appeal the decision to the federal district court.

Chappell held that Benco Dental Supply Company and Patterson Companies conspired to refuse to provide discounts to, or otherwise serve, buying groups representing dental practitioners. He dismissed the charges against the third respondent, Henry Schein. 

In accordance with FTC rules, neither party filed a notice of appeal, so the FTC has not placed the case on its own docket for review, nor has it stayed the effective date of the decision, so Chappell’s initial decision is now the FTC’s final decision. Chappell’s initial decision was issued on October 7, and the public redacted version was issued on October 15.

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