FOR IMMEDIATE RELEASE AT FRIDAY, JULY 19, 1996 (202) 616-2771 TDD (202) 514-1888 NOTE TO: HEALTH CARE REPORTERS MAGISTRATE JUDGE RECOMMENDS DENIAL OF DELTA DENTAL OF RHODE ISLAND'S MOTION TO DISMISS ANTITRUST CASE WASHINGTON, D.C. -- U.S. Magistrate Judge Robert W. Lovegreen has recommended denial of Delta Dental of Rhode Island's motion to dismiss the Department of Justice's antitrust case involving a contract provision known in the health care industry as a "most favored nation clause." In his report and recommendation, Magistrate Judge Lovegreen found that the government's complaint, challenging Delta's use of a most favored nation clause, states a claim under the antitrust laws. The Department's antitrust complaint, which was filed on February 29, 1996, alleges that the most favored nation clause has discouraged dentists from offering discounts to patients covered by other insurance companies and to uninsured patients who need dental care, resulting in higher prices for dental services and dental insurance in Rhode Island. The case, U.S. v. Delta Dental of Rhode Island, is pending before Senior Judge Raymond J. Pettine of the U.S. District Court for the District of Rhode Island, who will preside over any further proceeding on the motion. ### 96-353