January 07, 2021

Congressional Developments in Health Insurance Antitrust Enforcement Immunity

The Senate voted last month to repeal health insurers' federal antitrust enforcement immunity in the Competitive Health Insurance Reform Act of 2020. The 2020 Act would amend the 1945 McCarran-Ferguson Act, which gave insurers federal immunity from antitrust enforcement and delegated primary authority to regulate consolidation in the insurance industry. The DOJ and FTC would have enforcement and regulatory authority. Health insurance industry groups opposed the 2020 Act, arguing that states should regulate their own insurance markets.