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The US Congress passes into law the Competitive Health Insurance Reform Act and repeals the McCarran-Ferguson Act’s antitrust exemption for health and dental insurers

After many years of debate and previous failed attempts, on January 13, 2021, the Competitive Health Insurance Reform Act (“CHIRA”) was passed into law, having obtained unanimous consent in both the House of Representatives and Senate last fall. The new Act repeals the 1945 McCarran-Ferguson Act’s narrow exemption from the federal antitrust laws for health and dental insurers, but not for other insurers. The McCarran-Ferguson Act In 1944, the U.S. Supreme Court ruled in United States v. South-Eastern Underwriters Ass’n, that the insurance business was interstate commerce and subject to the federal antitrust laws. [1]]] The following year, Congress passed the McCarran-Ferguson Act, which exempted the “business of insurance” from scrutiny under the Sherman and Clayton Acts to the extent

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  • Hausfeld (New York)

Quotation

Irving Scher, The US Congress passes into law the Competitive Health Insurance Reform Act and repeals the McCarran-Ferguson Act’s antitrust exemption for health and dental insurers, 13 January 2021, e-Competitions January 2021, Art. N° 100195

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