2013 Fall # 4b
"Boycotting insurance agents who also represent other insurers" sounds and awful lot like Exclusive dealings - sale of insurance conditional on buyer not doing other business with competitors, which is a prohibited activity under Clayton. However, the examiner's report states "boycotting is not addressed by Clayton".
How can I distinguish the difference between boycotting and exclusive dealings here?
Comments
"Exclusive dealings" is in regard to insureds. Insurer forces its "customers" to buy only from the insurer.
"Boycotting" is in regard to insurance agents. Insurer forces agents to do business only with the insurer.
Boycotting is generally done by the buying party. Insurer "buys" insured's business from the agent by paying with commissions. Customers, being a buying party, can also boycott agents or insurers. But it's the insurer's boycotting of agents that is of concern in the law.