In a class action filed by seven Connecticut consumers in state court, plaintiffs allege that Hartford Healthcare acquired a monopoly on acute inpatient hospital services and abused their market power to demand all-or-nothing insurer contracts, and further used anti-tiering/anti-steering, gag clauses, and non-compete provisions in contracts to restrict competition, driving up prices for consumers.

Hartford Healthcare moved to have the complaint dismissed for lack of standing because the plaintiffs are not direct purchasers, which are the only class that have standing to sue under the Sherman Act. However, Connecticut’s attorney general, William Tong, filed an amicus brief in support of the plaintiffs standing that centers on an amendment to the Connecticut Antitrust Act in 2018 that allows for indirect purchasers to recover damages in the state.