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Leahy requests updates on enforcement of antitrust act over health insurers

Dear Attorney General Garland and Chair Khan: We write today regarding the recently expanded antitrust authorities of the Department of Justice (DOJ) and Federal Trade Commission (FTC) over the health insurance industry following the enactment of the Competitive Health Insurance Reform Act (CHIRA) of 2020. The CHIRA protects consumers from anticompetitive practices by repealing the McCarran-Ferguson Act’s outdated antitrust exemption for the health insurance industry. Decades of consolidation by health insurance brokers has primed the industry for abuse, allowing insurers to exert market power in order to raise premiums, restrict competition, and deny consumers choice. [1] Despite the clearly anticompetitive nature of these practices, before the CHIRA was enacted, regulators lacked the power to stop insurers’ misconduct due to the industry’s antitrust exemption.  For example, as recently as last December, a U.S. District Court dismissed antitrust claims against the Blue Cro

Increased Antitrust Criminal Enforcement and How to Minimize Risk

Friday, April 16, 2021 Antitrust cartel and related collusive scheme enforcement is poised to increase. Several factors support this: (1) the Antitrust Division (the Division) has a 10% budget increase for Fiscal Year (FY) 2021; (2) proposed legislation that would increase its budget by $300 million; (3) Democratic administrations have traditionally been more aggressive in enforcing  antitrust laws; (4) according to the US Department of Justice (DOJ), last year the Division opened the most grand jury investigations in almost 20 years and by the end of 2020 had the most open grand jury investigations in a decade; (5) increased coordination with international law enforcement agencies, including the Division recently signing a number of cross-border agreements, maintaining active memberships in multilateral organizations dedicated to cross-border antitrust enforcement cooperation and a DOJ official recently noting they have been working at strengthening their relationships w

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