DOJ Backs 11th Circ. Challenge To Fla. Blue Cross Rules

Law360 (January 7, 2020, 5:56 PM EST) -- The U.S. Department of Justice has thrown its weight behind Oscar Insurance Co.'s request to the Eleventh Circuit to revive its case targeting Blue Cross Blue Shield of Florida’s rules that bar agents from selling insurance policies offered by other companies.

The DOJ on Monday filed an amicus brief supporting Oscar’s bid to overturn a district court ruling that found Florida Blue is immune from its antitrust claims because the exclusivity policy is covered by the federal McCarran-Ferguson Act, which exempts some insurance industry activity from antitrust scrutiny.

The agency argued in its brief that exemptions from the antitrust laws are...

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