Thursday, October 15, 2009

Insurance Companies Anti-Trust Status Explained

In 1868, the U.S. Supreme Court held that insurance is not interstate commerce and, therefore, insurers are not subject to federal regulation. The court reversed itself in 1944, and insurers were first subject to the federal antitrust laws that ensure competition in the marketplace.

The industry appealed to Congress to reinstate the old rules, and in 1945, lawmakers passed the McCarran-Ferguson Act, which gave states broad authority to regulate the "business of insurance" without interference from federal regulation. To the extent that insurers were regulated by state law, federal antitrust law no longer applied to them.

In the years since, attempts to transfer regulatory authority back to the federal government have been opposed by states and the insurance industry.
Insurance companies warn that repealing the 1945 law would result in fewer insurance companies, ultimately harming consumers. The House and the Senate are considering legislation that would eliminate the exemption and ensure that insurers do not engage in price-fixing or bid-rigging.

This is a repost from Madonna Lebling which I thought was concise and to the point


Jerry Critter said...

Thanks for the background.

allenmoodygroup said...

Great and Powerful information! Thank you for your Post! I'm doing a group project on "ObamaCare" and this just hit the ball out of the park. Unfortunately, in the days of sound bites and slogans, no one takes to time to research the truth. This proves that the Republicans never! ever! intended to give the federal government authority over States Rights!