Insurer Antitrust Exemption in Europe in Jeopardy -

In the United States, the McCarran Ferguson Act provides insurers with an exemption from the federal antitrust laws. Enacted in 1945, the Act provides that conduct that constitutes the “business of insurance” is outside the scope of the federal antitrust laws to the extent that the conduct is (1) subject to state regulation and (2) does not constitute an act of “boycott, coercion or intimidation.” While there have been frequent calls for the Act to be repealed (particularly with respect to health insurance), the exemption continues to provide the insurance industry with significant protections from antitrust scrutiny.