Dental Products Distributors Benco Dental Supply Company, Patterson Companies, Inc. Decline to Appeal ALJ Decision, Making that Decision Final

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

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

In accordance with Commission Rules 3.51(a), 16 C.F.R. § 3.51(a), and 3.53, 16 C.F.R. § 3.53, because neither party has filed a notice of appeal, and the Commission has neither placed the case on its own docket for review nor stayed the effective date of the decision, Judge Chappell’s Initial Decision has become the final decision of the Commission. Judge Chappell’s Initial Decision was issued on Oct. 7, and the public redacted version was issued on Oct. 15.

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