Align Technology has agreed to pay $31 million to settle allegations that it engaged in anticompetitive conduct that drove up the prices of SmileDirectClub aligners.
Five notes:
1. In 2021, Align Technology was accused of participating in anticompetitive conduct that drove up the prices of SmileDirectClub aligners.
2. The class action lawsuit stemmed from a previous agreement between the two clear aligner companies in which Align Technology agreed not to enter the direct-to-consumer market. This agreement allegedly led to SmileDirectClub patients paying more for their aligners.
3. The settlement seeks to cover nearly 1.4 million consumers who purchased SmileDirectClub clear aligners between Oct. 22, 2017, and Aug. 18, 2022.
4. Align Technology had previously submitted two different settlement agreements, both of which were denied by the judge, who took issue with coupon provisions included in both proposals.
5. Align Technology submitted a new, higher proposal April 25 that excludes the coupon component, according to court documents.