United States v. South-Eastern Underwriters, 322 U.S. 533 (1944)

United States v. South-Eastern Underwriters Association


No. 354


Argued January 11, 1944
Decided June 5, 1944
322 U.S. 533

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF GEORGIA

1. A fire insurance company which conducts a substantial part of its business transactions across state lines is engaged in "commerce among the several States," and subject to regulation by Congress under the Commerce Clause. P. 539.

2. A conspiracy to restrain interstate trade and commerce by fixing and maintaining arbitrary and noncompetitive premium rates on fire and allied lines of insurance, and a conspiracy to monopolize interstate trade and commerce in such lines of insurance, held violations of the Sherman Antitrust Act. P. 553.

3. Congress did not intend that the business of insurance should be exempt from the operation of the Sherman Act. Pp. 553, 560.

51 F.Supp. 712, reversed.

APPEAL under the Criminal Appeals Act from a judgment sustaining a demurrer to an indictment for violation of the Sherman Antitrust Act.