Federal Trade Commission v. Ticor Title Insurance Co.
United States Supreme Court
504 U.S. 621 (1992)
Ticor Title Insurance Company (Ticor) (defendant) was the leading title-insurance provider in the United States. Title-insurance companies insure record titles for real estate against the risk of loss arising from defects absent in available policy or title reports. Prior to selling an insurance policy, title-insurance companies undertake a title search to examine the chain of preceding title to ascertain the condition of the title for insurance purposes. Ticor and other title-insurance companies began a practice of charging the same rates for title search and examination services. The Federal Trade Commission (FTC) (plaintiff) sued, alleging that the practice amounted to price fixing in violation of antitrust law. The case was heard by an administrative law judge (ALJ), and the title-insurance companies argued that their price-setting practices were authorized by state policy and thus immune from antitrust law under the state-action doctrine. In Connecticut, Wisconsin, Arizona, and Montana, the ALJ determined that the states had failed to actively supervise policies allowing title-insurance companies to fix prices for title searches and examinations. As a result, the ALJ deemed the title-insurance companies in those states to be ineligible for immunity under the state-action doctrine. The title-insurance companies appealed, and the court of appeals reversed the ALJ’s decision. The FTC appealed.
Rule of Law
Holding and Reasoning (Kennedy, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.