Federal Trade Commission v. Ticor Title Insurance Co.
Supreme Court
504 U.S. 621 (1992)
Ticor Title Insurance Company (defendant) and other title-insurance companies charged uniform rates for title search and examination services across several states. The FTC (plaintiff) sued alleging illegal price fixing; the title companies claimed state-action immunity, arguing state policy authorized their pricing. An administrative law judge found that Connecticut, Wisconsin, Arizona, and Montana had failed to actively supervise the policies allegedly authorizing the price-fixing, making the companies ineligible for immunity in those states; the court of appeals reversed, and the FTC appealed.
Whether a private party claiming state-action antitrust immunity must show that the state actively supervised the anticompetitive conduct, beyond merely having a state policy that could be read to authorize it.