Article:
Larry D. Carlson, The Insurance Exemption from the Anti-Trust Laws, 57 Texas L. Rev. 1127 (1979).
 

Abstract:
This article discusses the scope of the McCarran–Ferguson Act exemption in the aftermath of two Supreme Court decisions – St. Paul Fire & Marine Insurance Co. vs. Barry and Group Life & Health Insurance Co. vs. Royal Drug Co. Part I discusses the origin and purpose of the Act. Part II assesses the applicability of the state action exemption to the business of insurance and demonstrates that the quality of state regulation should be a factor in determining the availability of the McCarran Act exemption. Part III suggests an application of Barry that preserves the exclusive state regulations of insurance, and discusses the limited utility that the boycott exception should have in boycott suits by tradesmen. Pat IV assesses the impact of Royal Drug and suggests alternative mechanisms for keeping down the cost of health care and other types of insurance.