Topic: Antitrust

EU: Revised Draft Block Exemption Regulation (BER) for Insurance Sector – End of Consultation Period Looming

As previously reported here, the European Commission (the Commission) published its revised draft BER for the insurance sector on 5 October 2009.  Regular followers of the blog will recall that the draft regulation proposes to renew two of the four categories of agreements exempted by the current BER, namely information exchange and insurance pools, with certain amendments. 

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Federal Court Grants Receiver’s Motion to Remand Under the McCarran-Ferguson Act’s Reverse Preemption Doctrine

The United States District Court for the Northern District of Florida granted the receiver for The Aries Insurance Company (“Aries Insurance”) its motion to remand the case.  The court remanded the receiver’s action to the state court in accordance with the requirements of the McCarran-Ferguson Act’s reverse preemption doctrine. 

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Intel Commences Action Against Its Insurer for Coverage of Antitrust Litigation Under “Advertising Liability” Provision of Policy

On January 23, 2009, Intel Corp. filed suit against American Guarantee and Liability Insurance Company (“AGLI”), in the United States District Court for the Northern District of California, alleging that AGLI  owes a duty to defend Intel in its antitrust litigation with Advanced Micro Devices Inc. (“AMD”). 

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Illinois Federal Court Dismisses Antitrust Suit Brought by Institutional Pharmacy Against Insurer

On January 16, 2009, United States District Judge Rebecca R. Pallmeyer, of the U.S. District Court, Northern District of Illinois, Eastern Division, granted summary judgment in favor of defendants UnitedHealth Group, Inc. and Pacificare Health Systems, Inc. on all claims in the antitrust litigation with institutional pharmacy Omnicare, Inc. 

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