Feb. 26 (Bloomberg) -- Christine Varney, the U.S. Justice Department’s chief antitrust enforcer, said the dominance of major health insurers might be hurting competition.
“We’re very concerned whenever we see the kinds of concentration we see in the health-insurance market,” she said in an interview today in the Washington bureau of Bloomberg News.
Varney endorsed a measure approved by the U.S. this week that would revoke insurers’ 65-year-old federal antitrust exemption. Insurers now share data to help set premiums without fear they will be charged with federal price-fixing violations. Revoking the exemption had been part of a health-care overhaul that has stalled in Congress.
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Too Much Concentration
The health-insurance industry is regulated under state laws that ban price-fixing, market allocation and other anti- competitive practices.
Congress enacted the McCarran-Ferguson Act in 1945, granting insurers an antitrust exemption after the Supreme Court ruled the companies could be regulated by the federal government. The act was intended to preserve the states’ roles in overseeing the industry without federal intervention.
“Whenever you have anybody with an enormous amount of market share, whether it’s 70 percent, 80 percent, 90 percent of the product sales in a particular market, that tells us that market is probably not competitive,” she said.
Revoking the federal antitrust exemption “could alter behavior,” she said. “Hopefully it will introduce more competition. Anytime an industry or a sector of the economy enjoys immunity from a law, they behave differently than if they have to compete.”