BCBS Exclusivity Rules Not Antitrust Immune, 11th Circ. Told

Law360 (December 17, 2019, 8:15 PM EST) -- Blue Cross Blue Shield of Florida’s rules barring agents from selling insurance policies offered by other companies should not be shielded from antitrust scrutiny, despite a Florida federal judge’s ruling to the contrary, the Eleventh Circuit heard this week.

Oscar Insurance Co. told the appellate court Monday that a Florida federal judge erred when he ruled that the McCarran-Ferguson Act granted the insurance giant immunity from its smaller rival’s suit.

“McCarran-Ferguson’s exemption from antitrust liability applies only when the defendant’s challenged practice constitutes the ‘business of insurance’, and only when the challenged practice is not a boycott, coercion, or intimidation,” Oscar...

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