Section 1035.13 - Violations by insurers and rating organizations(a) As used in this section, the word "insurer" includes two or more affiliated insurers: (1) under common management; or(2) under common controlling ownership or under other common effective legal control and in fact engaged in joint or cooperative underwriting, investment management, marketing, servicing or administration of their business and affairs as insurers.(b) An insurer or rating organization may not:(1) monopolize or attempt to monopolize or combine or conspire with any other person or persons or monopolize the business of insurance of any kind, subdivision or class thereof;(2) agree with any other insurer or rating organization to charge or adhere to any rate, although insurers and rating organizations may continue to exchange statistical information;(3) make any agreement with any other insurer, rating organization or other person to unreasonably restrain trade;(4) make any agreement with any other insurer, rating organization or other person where the effect of the agreement may be substantially to lessen competition in the business of insurance of any kind, subdivision or class; or(5) make any agreement with any other insurer or rating organization to refuse to deal with any person in connection with the sale of insurance.(c) An insurer may not acquire or retain any capital stock or assets of or have any common management with any other insurer if such acquisition, retention or common management substantially lessens competition in the business of insurance of any kind, subdivision or class.(d) A rating organization or member or subscriber thereof may not interfere with the right of any insurer to make its rates independently of that rating organization or to charge rates different from the rates made by that rating organization.(e) Except as required under section 707, a rating organization may not have or adopt any rule or exact any agreement, formulate or engage in any program which would require any member, subscriber or other insurer to:(1) utilize some or all of its services;(2) adhere to its rates, rating plan, rating systems or underwriting rules; or(3) prevent any insurer from acting independently.1915, June 2, P.L. 736, No. 338, §713, added 1993 , July 2, P.L. 190, No. 44, § 20, imd. effective.