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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS