(a) Monopolies. No insurer or advisory organization shall attempt to monopolize or to combine or conspire with any other person to monopolize an insurance market or make any arrangement with any other insurer, advisory organization, or other person which has the purpose or effect of unreasonably restraining trade or of substantially lessening competition in the business of insurance.
(b) Advisory Organizations: Prohibited Activity. In addition to the other prohibitions contained in this chapter, no advisory organization shall, except as specifically permitted under §§ 23-67-204, 23-67-211, 23-67-212, and 23-67-216:
(1) Compile or distribute recommendations relating to rates that include expenses, other than loss adjustment expenses, or profit except in lines designated by the Insurance Commissioner; or
(2) File any manual or plan of rates, policy fees, or supporting information on behalf of an insurer.
(c) An advisory organization may not have or adopt any rule, or exact any agreement, or formulate or engage in any program which would require any member, subscriber, or other insurer to:
(1) Interfere with the right of any insurer to develop its rates independent of that advisory organization;
(2) Utilize some or all of its services;
(3) Adhere to its rates, rating plan, rating systems, underwriting rules, or policy forms; or
(4) Prevent any insurer from acting independently.
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