Oscar Insurance Company of Florida v. Blue Cross and Blue Shield

Why this Matters
The plaintiffs argue that certain exclusivity agreements between Florida’s most dominant health insurance company and agents and brokers are anticompetitive practices that violate federal and state law. If such practices are exempt from antitrust law and insurers are restricted from working with brokers to sell their insurance products in the individual market, consumers could ultimately face less competition and choice in the ACA Marketplaces. 

• Subsequent to this litigation, the Competitive Health Insurance Reform Act of 2020 was signed into law, which narrowed the antitrust exemption available to health insurance companies under the McCarran-Ferguson Act.

 Potential Impact
If certain conduct by health insurance companies is exempt from federal antitrust law, consumers could face less competition and higher prices.