The coinsurance agreement has the appearance of a horizontal monopoly agreement on price fixing,and its stipulations such as"unified underwriting and distribution of insurance premium"and"uniform insurance contract"have the effect of restricting market competition,thus it should be considered as a monopoly agreement and thus not be allowed,however the mode of coinsurance pool enjoys irreplaceable advantages in diversifying certain risks,so it meets the requirements of antitrust exemption under certain conditions.To be exempted,the coinsurance agreement needs to satisfy three conditions:the risk covered can only be diversified through the mode of coinsurance pool,the unified premium rate and policy content are reasonable,and there are no other anti-competitive stipulations.Specifically,the scope of risks exempted in a coinsurance agreement should be limited to catastrophe risks,new risks,and systemic risks;the premium rate should be limited as not lower than the pure risk premium rate or excessively higher than the pure risk premium rate;the content of an insurance shall also satisfy such conditions as no obvious imbalance in rights and obligations,no obstacles to make customers be unable to find their needed clauses,no other provisions detrimental to customers'rights.
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