Topic
Antitrust Exemptions
36 published works
Focus on Regulation
State Boards Seeking an Antitrust Pass? FTC Explains What They Need to Know
By Logan Breed, Robert Leibenluft, Austin Smith
A Supreme Court decision from February ruled that state regulatory boards run by “a controlling number” of “active market participants” can qualify for an antitrust exemption only if they are…
Labor Law Prof Blog
Duff on Labor and the NFL Antitrust Exemption
Michael Duff (Wyoming, visiting Denver) has just posted on SSRN his essay What Brady v. N.F.L. Teaches About the Devolution of Labor Law. Here's the abstract:In this essay I argue…
Antitrust Law Blog
No Mandatory Antitrust Review for ACOs
By David Garcia
The Department of Justice and Federal Trade Commission recently issued their final "Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program" pursuant to…
Health Care Law Matters
House Quietly Repeals Insurance Anti-trust Exemption
In what should be welcome news for physicians, yesterday the House of Representatives quietly passed a bill which would repeal a long-standing exemption for insurance companies from federal anti-trust laws. …
InsureReinsure
House Introduces Health Insurance Bill to Repeal Antitrust Exemption
On Monday, February 22, Representatives Tom Perriello (D-Va.) and Betsy Markey (D-Colo.) introduced H.R. 4626, the Health Insurance Industry Fair Competition Act, to repeal the McCarran-Ferguson Act antitrust exemption for…
InsureReinsure
Repeal of Antitrust Exemption Gains Traction as House and Senate Democrats Reconcile Healthcare Reform Bills
U.S. House Representatives Peter DeFazio, (D-OR) and Gene Taylor (D-MS) drafted a letter to House Speaker Nancy Pelosi (D-CA) in support of repealing the antitrust exemption under the McCarran Ferguson…
InsureReinsure
Partial Repeal of McCarran-Ferguson Act Dropped from Senate Health Reform Bill
Media reports indicate that Senator Patrick Leahy’s (D-VT) amendment to repeal the antitrust exemption under the McCarran-Ferguson Act for health insurers and medical mal practice insurers, last discussed here, has…
InsureReinsure
Partial Repeal of the Insurance Antitrust Exemption Introduced as Amendment to Senate Healthcare Bill
Senator Patrick Leahy (D-VT) filed an amendment to the Patient Protection and Affordable Care Act (H.R. 3590) (the “PPACA”) on December 1, 2009, that would repeal the exemption from federal…
The Contingency
State Insurance Law Can’t Stop Arbitration, En Banc Fifth Circuit Holds
Have you ever heard of the McCarran-Ferguson Act? Not long ago, half a century after its passage, the statute became a low-key but key part of the healthcare reform debate. …
Health Industry Washington Watch
House Panel Approves Bill to End Insurance Anti-Trust Protections
The House Judiciary Committee has passed H.R. 3596, the Health Insurance Industry Antitrust Enforcement Act of 2009. H.R. 3596 would prohibit companies that provide health and medical malpractice insurance from price…