2013 Q4

For Q4, my answers are below:
b) Insurance is not recognized as interstate commerce, so Clayton Antitrust Act doesn't apply to boycotting and tying in insurance
d) McCarran-Ferguson Act recognizes insurance as interstate commerce so boycotting and tying applies and it's forbidden under the act
Could you let me know if this is correct? It's different from the answers given

Comments

  • b)

    Your answer is along the lines of the last sample answer for (a). But you should have included that this is so "prior to the SEUA case." In question (b), they're asking for how insurer's actions would be treated under Clayton. So, you have to think of a time after SEUA decision when Clayton would be applicable.

    d)

    Boycotting is not allowed because M-F makes Sherman applicable in these cases. For tying, M-F makes either Clayton or state regulation applicable. I think these needed to be specified as they do in the sample answer.

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