High Court limits state action rule. (repercussions of Supreme Court decision in Federal Trade Commission v. Ticor Title Insurance Co. case on state regulatory commissions)

National Underwriter Property & Casualty-Risk & Benefits Management, June, 1992 by Brostoff, Steven

WASHINGTON State regulated industries like insurance could face retroactive antitrust liability, including treble damages, following a Supreme Court decision significantly narrowing the state action doctrine. "Regulated parties can do exactly what the law requires, follow the law precisely to the `T' and find that acourt can come in later and conclude that either the law or the level of state activity was insufficient," according to Craig Berrington, senior vice president and general counsel with the Washington-based American Insurance Association.

Moreover, he said, the court muddied the interpretation of the state action doctrine and it will potentially require a great deal of litigation to clarify. Mr. Berrington noted, however, that the case--Federal...

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