Can I Consult With Other Dentists When Setting My Fees?

As a general rule, discussion among independent dentists about the fees they will charge can lead to allegations of a violation of the antitrust laws, especially where those discussions are followed by the adoption of identical pricing. Dentists are viewed as competitors in the marketplace, and agreements between competitors to fix prices is presumptively illegal. Moreover, price fixing is regarded as a “per se” violation, meaning that liability is automatic, with no consideration of any justifications or offsetting circumstances.

To avoid creating significant legal risk – both criminal and potentially expensive civil liability exposure – sole practitioners should always set their fees independently, based on what they perceive to be the value of their services and what they believe the market will bear. Dentists in partnerships or joint or group practices, however, are regarded as participants in a single entity for antitrust purposes, and their collaboration is legitimate. Similarly, properly structured networks of dentists that share financial risks may be viewed on balance as pro-competitive and thus, within that network, not subject to the antitrust laws, but the parameters for such networks are strictly defined.

Related References and Resources Federal Trade Commission (FTC). 200. 2000. Antitrust Guidelines for Collaborations among Competitors. www.ftc.gov/sites/default/files/attachments/press-releases/ ftc-doj-issue-antitrust-guidelines-collaborations-amongcompetitors/ftcdojguidelines.pdf.

A Dentist’s Guide to the Law

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