Redefining the Antitrust Labor Exemption

The McCarran - Ferguson Act Anticompetitive or Procompetitive ?

The McCarran-Ferguson Act provides a limited exemption to the insurance industry from the federal antitrust laws. The act provides that the Sherman Act, the Clayton Act, and the Federal Trade Commission Act apply to the business of insurance "to the extent that such business is not regulated by state law." That limited exemption from federal antitrust law does not extend to "any agreement to bo...

GAO-06-963 Higher Education: School's Use of the Antitrust Exemption Has Not Significantly Affected College Affordability or Likelihood of Student Enrollment to Date

In 1991 the U.S. Department of Justice sued nine colleges and universities, alleging that they had restrained competition by making collective financial aid determinations for students accepted to more than one of these schools. Against the backdrop of this litigation, Congress enacted a temporary exemption from antitrust laws for higher education institutions in 1992. The exemption allows limi...

Public Palicy and Praperty-Liability Insurance

The property-liability insurance industry has experienced significant turmoil during the past decade. Three related issues have received enormous attention: increases in the frequency and severity of insurance company insolvencies, high and increasing costs of automobile and workers’ compensation coverage, and volatility in prices and in availability of commercial liability insurance coverage. ...

Integrated delivery systems: reforming the conflicts among federal referral, tax exemption, and antitrust laws.

Health insurance purchasing alliances: monopsony threat or procompetitive Rx for health sector ills?

Introduction ................... ...... 1546 I. Health Insurance Purchasing ............................ 1552 A. General Background ................................. 1552 B. Purchasing Alliance Activity: The California Experience .......................................... 1554 C. Purchasing Alliance Activity: Other States ........... 1556 II. Antitrust Analysis of Collaborative Purchaser Activi...