Online Discussion Forums
Please keep in mind that numerous state and Federal laws absolutely prohibit the exchange of information among competitors regarding price, refusals to deal, or agreements to proceed in certain anti-competitive respects, and that no such exchange of this information is either sanctioned by NAMIC or will be permitted during NAMIC meetings or in electronic discussion forums. This is a very serious matter and your cooperation will be appreciated.
Although Congress has given a limited exemption to the insurance industry from certain otherwise prohibited activities, by enactment of the McCarran-Ferguson Act, members should realize: 1) that NAMIC itself, as a trade association, has no such exemption; and 2) that the exemption provided companies has definite limits. Insurance company practices (your activities included) are exempt only if they: a) involve the business of insurance; b) are regulated by state law; and c) do not constitute an agreement to boycott, coerce and/or intimidate or an act to further any of the three. Please note that legislative activities are protected by the 1st Amendment and are generally not subject to anti-trust laws.
Conviction upon violation of the anti-trust laws (Sherman Act, Clayton Act, FTC Act and Robinson-Patman Act) will result in mandatory jail sentences, fines or both, even for first offenders who are otherwise leaders in their communities.
Beside discussions involving any possible insurance market boycott, coercion and/or intimidation, which are never protected under any circumstances, here are some practices which you should not initiate nor participate in as they may expose you, your company, and NAMIC to possible anti-trust investigation and/or prosecution by the FTC or Justice Department.
If any discussion forum thread is found to be in violation of this policy, it will not be approved for submission to the exchange.
Posted: Friday, January 05, 2007 12:00:00 AM. Modified: Friday, July 27, 2012 7:49:50 PM.
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