Moreover, the application of antitrust law's potentially to pro-competitive collective activity has become far more sophisticated in the 62 years since the industry was exempted from the law. And some forms of joint activity that might have been prohibited under earlier, more restrictive doctrines are now clearly permissible, or at least, very least, analyzed under a rule of reason that takes appropriate account of the circumstances. So what we're saying is, let's, you know--you're saying, oh, the States can take care of it. Let's say, the State of Montana can oversee an industry, a multistate, multinational, you know, conglomerate, and they can get into their books and they can examine and see that the rates that were imported from outside the State were set fairly. No. We need the help of the Federal Antitrust Division. They should not have their hands tied only in respect to the industry of insurance. Every other industry in America has learned to live with truly free markets with antitrust law. This industry can do the same, and it will benefit consumers.
On the recordFebruary 24, 2010
Editor's note · Context
The speaker discusses the evolution of antitrust law and its application to the insurance industry.
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