Competition law, known in the United States as antitrust law, has three main elements:
prohibiting agreements or practices that restrict free trading and competition between business entities. This includes in particular the repression of cartels.
banning abusive behavior by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, tying, price gouging, refusal to deal, and many others.
supervising the mergers and acquisitions of large corporations, including some joint ventures. Transactions that are considered to threaten the competitive process can be prohibited altogether, or approved subject to "remedies" such as an obligation to divest part of the merged business or to offer licenses or access to facilities to enable other businesses to continue competing.
The federal government has not been able to attack the insurance companies through federal anti-trust laws for over 60 years. Under the McCarran-Ferguson Act passed in 1945, insurance companies (and Major League Baseball!) are specifically excluded from federal anti-trust laws as long as the state regulates in that area, and federal anti-trust laws will apply ONLY in cases of boycott, coercion, and intimidation.
Under the McCarran-Ferguson Act, Big Insurance is allowed to collect and SHARE data with each other about claims. With this information, Big Insurance can fix prices, set coverage requirements, outline conditions for coverage denials (like pre-existing conditions), and many, many more.
http://www.mydd.com/story/2009/8/17/21730/8042
prohibiting agreements or practices that restrict free trading and competition between business entities. This includes in particular the repression of cartels.
banning abusive behavior by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, tying, price gouging, refusal to deal, and many others.
supervising the mergers and acquisitions of large corporations, including some joint ventures. Transactions that are considered to threaten the competitive process can be prohibited altogether, or approved subject to "remedies" such as an obligation to divest part of the merged business or to offer licenses or access to facilities to enable other businesses to continue competing.
The federal government has not been able to attack the insurance companies through federal anti-trust laws for over 60 years. Under the McCarran-Ferguson Act passed in 1945, insurance companies (and Major League Baseball!) are specifically excluded from federal anti-trust laws as long as the state regulates in that area, and federal anti-trust laws will apply ONLY in cases of boycott, coercion, and intimidation.
Under the McCarran-Ferguson Act, Big Insurance is allowed to collect and SHARE data with each other about claims. With this information, Big Insurance can fix prices, set coverage requirements, outline conditions for coverage denials (like pre-existing conditions), and many, many more.
http://www.mydd.com/story/2009/8/17/21730/8042