1. Short title This Act may be cited as the Health Insurance Industry Fair Competition Act . 2. Restoring the application of antitrust laws to health sector insurers (a) Amendment to McCarran-Ferguson Act Section 3 of the Act of March 9, 1945 ( 15 U.S.C. 1013 ), commonly known as the McCarran-Ferguson Act, is amended by adding at the end the following: (c) (1) Nothing contained in this Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance. (2) Paragraph (1) shall not apply with respect to making a contract, or engaging in a combination or conspiracy— (A) to collect, compile, or disseminate historical loss data; (B) to determine a loss development factor applicable to historical loss data; or (C) to perform actuarial services if such contract, combination, or conspiracy does not involve a restraint of trade. (3) For purposes of this subsection— (A) the term antitrust laws has the meaning given it in subsection (a) of the 1st section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition; (B) the term historical loss data means information respecting claims paid, or reserves held for claims reported, by any person engaged in the business of insurance