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Antitrust Keyed to Sullivan, 8th Ed.
United States v. Dentsply International, Inc.
Citation:
399 F.3d 181 (2005)Facts
Dentsply International dominated the United States artificial teeth market with a 75-80% revenue share, approximately fifteen times larger than its nearest competitor. The company manufactured prefabricated artificial teeth sold through a network of twenty-three authorized dealers who then supplied dental laboratories. In 1993, Dentsply implemented “Dealer Criterion 6,” which prohibited authorized dealers from adding competing tooth lines to their product offerings. Although Dentsply’s relationships with dealers operated on a purchase-order basis and were essentially terminable at will, the policy was vigorously enforced for over fifteen years. Dealers depended heavily on Dentsply not only for teeth but for $400 million in other dental products. When dealers attempted to add competing lines or were approached by competitors, Dentsply threatened termination of access to all its products. The artificial teeth market was characterized by low or no-growth potential, and competitors holding only 5% and 3% market shares struggled to gain distribution through dealers. Dentsply’s former managers testified the policy was designed to “block competitive distribution points” and ensure customers had no choice but Dentsply teeth. The district court found Dentsply’s business justifications pretextual but concluded competitors could sell directly to laboratories, making the exclusionary policy insufficient to establish a Section 2 violation.
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