Client Alert
| October 23, 2009
Congress Poised to Repeal McCarran-Ferguson Federal Antitrust Exemption for Health and Medical Malpractice Insurance
The McCarran-Ferguson Act now exempts the “business of insurance” from the federal antitrust laws where state insurance regulation exists. Proposed legislation would remove the McCarran-Ferguson federal antitrust exemption for "price fixing, bid rigging, or market allocations" by "health insurance issuers" and "issuers of medical malpractice insurance" in "connection with the conduct of the business of providing health insurance coverage…or coverage for medical malpractice claims or actions." There is a real possibility that such legislation could be enacted this year.
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This memorandum is intended only as a general discussion of these issues. It is not considered to be legal advice. We would be pleased to provide additional details or advice about specific situations. For additional information on this important topic, please feel free to call upon your Dewey & LeBoeuf relationship partner. No part of this publication may be reproduced, in whole or in part, in any form, without our prior written consent.
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