DOJ Tells 11th Circ. New Law Supports Oscar's Fla. Blue Case

Law360 (January 19, 2021, 9:57 PM EST) -- The U.S. Department of Justice has told the Eleventh Circuit that a recently passed law preventing health insurance companies from claiming immunity from antitrust allegations supports Oscar Insurance's suit challenging Blue Cross Blue Shield of Florida's exclusivity rules.

The DOJ filed a notice of supplemental authority on Friday to tell the appeals court that the Competitive Health Insurance Reform Act of 2020 became law Jan. 13. The legislation rolls back the antitrust immunity granted to the "business of insurance" by the 1945 McCarran-Ferguson Act, or MFA.

The recently passed act, the DOJ said, "reapplies the antitrust laws to the business of...

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