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On Nov. 7, 2009, the U.S. House of Representatives passed the Affordable Health Care for America Act.1 Included in the legislation is a provision that would amend the McCarran-Ferguson Act of 1945 (“McCarran”) which exempts the “business of insurance” from the antitrust laws to the extent that such business is “regulated by State law.”2 With limited exceptions, the amendment would eliminate the exemptions from “the operation of any of the antitrust laws with respect to price fixing, market allocation, or monopolization (or attempting to monopolize)” for persons engaged in the business of health insurance or medical malpractice insurance.3

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