Property Casualty Insurers Association of America

Industry Issues

McCarran-Ferguson Act

Separating Fact from Fiction on Insurers’ Limited Antitrust Exemption
Proposed McCarran-Ferguson Rollback Would Be Inefficient, Costly to Insurance Buyers
Congress is considering legislation, (H.R. 1081 and S. 618) that would allow federal authorities, including the Federal Trade Commission, to regulate the business of insurance – effectively supplanting existing state rating regulation that prohibits price-fixing agreements, protects policyholders against unsound rates and promotes competition among insurers.

Lawmakers are asking whether the limited antitrust exemption granted under the McCarran-Ferguson Act for the business of insurance is good for consumers. The answer is a resounding ‘yes.’ The limited exemption that allows insurers to share loss data promotes competition in the marketplace by putting small and medium-sized companies on a level playing field with much larger competitors. It creates efficiencies for insurers that translate into savings and choice for insurance buyers. Repealing the exemption would create market disruptions in states that can least afford it, especially in recovering markets in coastal areas where small insurers are filling important availability gaps.

Attached are links to material that provide background on the McCarran-Ferguson Act and why the insurance industry opposes repeal of the Act.

PCI Media Teleconference on Antitrust Issues

McCarran-Ferguson Act Backgrounder

McCarran-Ferguson Act Fact Sheet

McCarran-Ferguson Act Questions and Answers

McCarran-Ferguson Overview and Current Status

PCI Letter to Senator Leahy

PCI Testimony on the "Insurance Industry Competition Act of 2007" (S.618)


Additional Resources:

Text of the "Insurance Industry Competition Act of 2007" (S.618)

Legal Analysis of the "Insurance Industry Competition Act of 2007" (S.618)

Excerpt from the Senate Congressional Record Regarding S.618

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