The Title Insurance Industry, Reverse Competition, and Controlled Business. A Different View
反驳了Roussel和Rosenberg对产权保险行业的辩护,认为缺乏价格竞争才是行业根本问题,反向竞争和受控业务只是症状。
In a recent article in this Journal,' Roussel and Rosenberg provide a defense of the title insurance industry as it is currently structured and regulated. They see and as posing serious problems for an industry that, they claim, otherwise performs in a satisfactory manner. They decry recent efforts to introduce more competition into the industry and applaud efforts to dampen (such as Section 8 of the Real Estate Settlements Practices Act of 1974). Their article is consistent with other recent defenses of the industry.2 This article will provide a different view.3 I will argue that the absence of price competition in title insurance is the fundamental problem of the industry and that reverse competition and controlled business arrangements are symptoms of that problem, rather than being problems themselves. Indeed, reverse