II 109th CONGRESS 1st Session S. 1525 IN THE SENATE OF THE UNITED STATES July 28, 2005 Mr. Leahy (for himself, Mr. Kennedy, Mr. Durbin, Mr. Rockefeller, Mrs. Boxer, Mr. Feingold, Mr. Corzine, Mr. Salazar, Mr. Obama, and Ms. Mikulski) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To ensure that commercial insurers cannot engage in price fixing, bid rigging, or market allocations to the detriment of competition and consumers.

1.

Short title

This Act may be cited as the Medical Malpractice Insurance Antitrust Act of 2005.

2.

Prohibition on anti-competitive activities

Notwithstanding any other provision of law, nothing in the Act of March 9, 1945 (15 U.S.C. 1011 et seq., commonly known as the McCarran-Ferguson Act) shall be construed to permit commercial insurers to engage in any form of price fixing, bid rigging, or market allocations in connection with the conduct of the business of providing medical malpractice insurance.

3.

Application to activities of State commissions of insurance and other State insurance regulatory bodies

This Act does not apply to the information gathering and rate setting activities of any State commissions of insurance, or any other State regulatory body with authority to set insurance rates.