Ongoing Tension Between Filed-Rate And State Doctrines

Law360, New York (July 10, 2013, 12:11 PM EDT) -- In a Sept. 13, 2012, Competition Law360 article, we discussed the Third Circuit’s opinion in McCray v. Fid. Nat’l Title Ins. Co., in which the Third Circuit applied the filed-rate doctrine to title insurers’ rate filings with state agencies without a requirement for meaningful state review.[1] The court found “no apparent requirement” that the state-action and filed-rate doctrine be “reconciled.”[2]

The Third Circuit’s holding can lead to the inexplicable result that collusively fixed rates filed with a state agency enjoy a treble damages exemption even though...
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