EI Vice President David Smith publishes article on The McCarran-Ferguson Act’s Antitrust Exemption.

EI Vice President David Smith’s article on The McCarran-Ferguson Act’s Antitrust Exemption is appearing in the newsletter of the ABA’s Antitrust Section’s Insurance Industry Committee, Insurance Policy. The European Union has a block exemption regulation (“BER”) that provides antitrust exemptions for certain joint activities in the insurance industry. These exemptions are similar to those provided by McCarran-Ferguson in the United States. The BER will expire in 2010 and is currently being evaluated for renewal. Smith notes that the European analysis regarding the renewal of the BER will provide American policy makers with useful information in the debate on whether McCarran-Ferguson should be repealed.