Opinion
LUCAS, C. J.
The People, through the Attorney General (real party in interest), filed suit against various insurers (petitioners) under the Unfair Practices Act (Bus. & Prof. Code, § 17000 et seq.). We granted review to decide whether this judicial action should be stayed under the doctrine of “primary jurisdiction” pending administrative action by the Commissioner of the Department of Insurance (hereafter sometimes the Commissioner). (See Ins. Code, § 1858 et seq.; all further statutory references are to this code unless otherwise indicated.)
We conclude that in the absence of legislation clearly addressing whether a court may exercise discretion under the primary jurisdiction doctrine, a court may exercise such discretion and may decline to hear a suit until the administrative process has been invoked and completed. We hold that prior resort to the administrative process is required in the circumstances of this case and that the trial court abused its discretion in concluding otherwise.
I. Facts and Procedure
The People filed a two-count complaint alleging petitioners violated sections 1861.02 and 1861.05, enacted by the voters in November 1988 as part of Proposition 103, by refusing to offer a “Good Driver Discount policy” to all eligible applicants.
In their first cause of action, the People claim that since November 1989, petitioners have violated the above provisions by: (i) refusing to offer and [382]*382sell a Good Driver Discount policy to any person who meets the standards of section 1861.025 (see § 1861.02, subd. (b)(1); (ii) refusing to charge persons who qualify for the Good Driver Discount policy a rate “at least 20% below the rate the insured would otherwise have been charged for the same coverage” (see § 1861.02, subd. (b)(2)); (iii) unlawfully using the absence of insurance as a criterion for determining eligibility for a Good Driver Discount policy, and generally, for the setting of automobile insurance rates and premiums (see § 1861.02, subd. (c)); and (iv) “unfairly discriminating in eligibility and rates for insurance for persons who qualify under the statutory criteria for a Good Driver Discount policy” (see § 1861.05, subd. (a)).
Under the first cause of action the People seek an order pursuant to Code of Civil Procedure section 526, enjoining petitioners from violating section 1861.02, subdivisions (b)(1), (b)(2), and (c), and section 1861.05, subdivision (a).
The second cause of action—which is the subject of this proceeding— incorporates the allegations of the first count, and asserts: “The violations of sections 1861.02 and 1861.05 as set forth above constitute unlawful and unfair business practices, in violation of Business and Professions Code section 17200.”
Under the second cause of action the complaint seeks the injunctive relief described above pursuant to Business and Professions Code section 17204, a $2,500 civil penalty against each petitioner for each violation of law pursuant to Business and Professions Code section 17206, and “such other relief as this Court deems just and proper.”
Petitioners demurred to both causes of action on the ground, inter alia, that the People’s suit was precluded by their failure to pursue and exhaust administrative remedies. The trial court sustained the demurrer as to the first cause of action (the Insurance Code claim), concluding that under County of Los Angeles v. Farmers Ins. Exchange (1982) 132 Cal.App.3d 77, 85-87 [182 Cal.Rptr. 879], the People were barred from proceeding because they failed to exhaust administrative remedies available under the Insurance Code. The People do not contest this ruling.1
As to the second cause of action (the Business and Professions Code claim), however, the court overruled the demurrer, concluding that under [383]*383People v. McKale (1979) 25 Cal.3d 626 [159 Cal.Rptr. 811, 602 P.2d 731], the People may proceed under the Business and Professions Code “even though there is a separate statutory scheme for enforcement of [Insurance Code] section 1861.02.”
Petitioners sought a writ of mandate in the Court of Appeal challenging the propriety of this latter ruling. In an unpublished opinion, the Court of Appeal agreed with the trial court. It reasoned that “exhaustion of administrative remedies” is not required before an action under section 17200 of the Business and Professions Code may be prosecuted because (i) the People’s second cause of action seeks a remedy that is “merely cumulative” to administrative remedies sought in the first count, and (ii) the courts can more promptly resolve the issues in this case than can the Insurance Commissioner.
As noted, we conclude prior resort to the administrative process is appropriate in these circumstances, and we therefore reverse the decision of the Court of Appeal.
II. The Statutory Schemes
A. The Unfair Practices Act
The Unfair Practices Act is found in Business and Professions Code, section 17000 et seq. Section 17200 of the Business and Professions Code broadly defines “unfair competition” as, inter alia, any “unlawful, unfair or fraudulent business practice . . . .” “Unlawful business activity” proscribed under section 17200 includes “ ‘anything that can properly be called a business practice and that at the same time is forbidden by law.’ ” (Barquis v. Merchants Collection Assn. (1972) 7 Cal.3d 94, 113 [101 Cal.Rptr. 745, 496 P.2d 817] [hereafter Barquis].) As the People observe in their brief on the merits, “[i]n essence, an action based on Business and Professions Code section 17200 to redress an unlawful business practice ‘borrows’ violations of other laws and treats these violations, when committed pursuant to business activity, as unlawful practices independently actionable under section 17200 et seq. and subject to the distinct remedies provided thereunder.”
Section 17205 of the Business and Professions Code states: “Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state." (Italics added.) Section 17204 of the Business and Professions Code authorizes the Attorney General to prosecute an action to enjoin violations of section 17200 of the Business and Professions Code. Finally, Business and Professions Code section 17206 provides for a $2,500 civil penalty for each violation of section 17200.
[384]*384The People’s complaint under section 17200 of the Business and Professions Code is grounded on asserted violations of four provisions of the McBride-Grunsky Insurance Regulatory Act of 1947 (McBride Act) (Stats. 1947, ch. 805, §§ 1-7, pp. 1896-1908), which is set out in the Insurance Code, division 1, part 2, chapter 9. We will briefly outline the relevant provisions of the McBride Act before analyzing the People’s action under the Business and Professions Code.
B. The McBride Act
As modified by the voters through the initiative process, and by the Legislature through various amendments, the McBride Act presently is found in sections 1851 through 1861.16 of the Insurance Code.
1. Provisions for Administrative Hearings and Judicial Review
Section 1858 establishes an administrative scheme under which “[a]ny person aggrieved by any rate charged, rating plan, rating system, or underwriting rule . . . may” file a complaint with the Insurance Commissioner. (Id., subd. (a).)2 If, after considering the insurer’s response, the Commissioner finds the complaint states “probable cause” of a violation of the McBride Act, the commissioner “shall proceed as provided in Section 1858.1.” (§ 1858, subd. (c).)
Section 1858.1 sets out procedures for the Commissioner’s investigation and resolution of the complaint. If the Commissioner determines there is “good cause” to believe an insurer’s rating scheme fails to comply with the requirements of the chapter, he or she “shall give notice in writing to that insurer, . . . stating therein in what manner and to what extent that noncompliance is alleged to exist and specifying therein a reasonable time ... in which that noncompliance may be corrected, and specifying therein the amount of any penalty that may be due . . . .” (Id., 1st par.) The section also sets out procedures to be followed by an insurer to contest the allegation of noncompliance, or, inter alia, to enter into a consent order. (Id., 2d par.)
Section 1858.2 sets out procedures for public hearings on disputed issues and requires the Commissioner to issue a decision within 60 days after [385]*385submission following a hearing. Sections 1858.3 through 1858.5 concern powers granted the Commissioner, monitoring of complaints, and suspension of an insurer’s license for noncompliance with the Commissioner’s orders. Sections 1858.07 and 1859.1 set out monetary penalties for an insurer’s failure to comply with statutory rate-setting provisions, or the Commissioner’s orders.
Finally, section 1858.6 provides for judicial review following “[a]ny finding, . . . ruling or order made by the commissioner under this chapter ... in accordance with the provisions of the Code of Civil Procedure.”
2. Relevant Substantive Provisions
Various substantive sections of the McBride Act were significantly augmented and altered by the voters in November 1988. (See CalFarm Ins. Co. v. Deukmejian (1989) 48 Cal.3d 805 [258 Cal.Rptr. 161, 771 P.2d 1247].) The following sections are relevant here:
Section 1861.02, subdivision (b)(1) (hereafter section 1861.02(b)(1)), provides, inter alia, that all persons who meet specified criteria set out in section 1861.025 “shall be qualified to purchase a Good Driver Discount policy from the insurer of his or her choice.” Section 1861.02, subdivision (b)(2) (hereafter section 1861.02(b)(2)), requires that the “rate charged for a Good Driver Discount policy shall. . . be at least 20% below the rate the insured would otherwise have been charged for the same coverage.” Under subdivision (c) of section 1861.02 (hereafter section 1861.02(c)), “[t]he absence of prior automobile insurance coverage, in and of itself, shall not be a criterion for determining eligibility for a Good Driver Discount policy, or generally for automobile rates, premiums, or insurability.” Finally, section 1861.05, subdivision (a) (hereafter section 1861.05(a)) states, “[n]o rate shall be approved or remain in effect which is . . . unfairly discriminatory or otherwise in violation of this chapter.” (As noted above, the People claim petitioners have violated all four provisions since November 1989.)3
The voters in 1988 also repealed various sections that had previously exempted the business of insurance from this state’s antitrust laws (see [386]*386former §§ 1850-1850.3, 1853, 1853.6, 1853.7), and added section 1861.03, subdivision (a), which provides: “The business of insurance shall be subject to the laws of California applicable to any other business, including, but not limited to, . . . the antitrust and unfair business practices laws (Parts 2 (commencing with section 16600) and 3 (commencing with Section 17500) of Division 7 of the Business and Professions Code).” Part 2 of the Business and Professions Code contains section 17200, the basis of the People’s action in this case.
III. The Primary Jurisdiction Doctrine
A. Development of the Doctrine
The judicially created doctrine of “primary jurisdiction” (also referred to as the doctrine of “prior resort”4 or “preliminary jurisdiction”5), originated in Texas & Pac. Ry. v. Abilene Cotton Oil Co. (1907) 204 U.S. 426 [51 L.Ed. 553, 27 S.Ct. 350] (hereafter Abilene), and as explained below, most of the development of the doctrine has occurred in the federal courts.
1. Abilene
In Abilene, supra, 204 U.S. 426, a shipper sued a railroad in state court under the common law to recover alleged unreasonable amounts charged for transporting interstate freight. Such common law suits had been regularly entertained before enactment of the Interstate Commerce Act (Commerce Act) and creation of the Interstate Commerce Commission (ICC) in 1887. (204 U.S. at p. 436 [51 L.Ed. at p. 557].) Under the Commerce Act, Congress granted the ICC power to hear such complaints by shippers, and to order reparations to those injured. (Id., at p. 438 [51 L.Ed. at p. 558].) Despite provisions of the Commerce Act allowing a litigant to elect between administrative enforcement of statutory rights and judicial enforcement of common law rights,6 the high court declined to allow the common law suit in the first instance. Instead, it ruled that in order to promote uniformity and [387]*387consistency of rate regulations, the shipper “must . . . primarily invoke redress through the Interstate Commerce Commission . . . .” (Id., at p. 448 [51 L.Ed. at p. 562].) The court explained that “if, without previous action by the Commission, power might be exerted by courts and juries generally to determine the reasonableness of an established rate, it would follow that unless all courts reached an identical conclusion a uniform standard of rates in the future would be impossible, as the standard would fluctuate and vary, depending on the divergent conclusions reached as to reasonableness by the various courts called upon to consider the subject as an original question.” (Id., at p. 440 [51 L.Ed. at p. 559].)
The court concluded that the act should be construed to allow only those judicial actions that seek “redress of such wrongs as can, consistently with the context of the act, be redressed by courts without previous action by the Commission, and, therefore, does not imply the power in a court to primarily hear complaints concerning wrongs of the character of the one here complained of.” (Abilene, supra, 204 U.S. at p. 442 [51 L.Ed. at p. 559]; see also id., at p. 446 [51 L.Ed. at p. 561].)7
2. Merchants
The doctrine of Abilene, supra, 204 U.S. 426, was refined and clarified in Merchants, supra, 259 U.S. 285, another case in which a shipper attempted to press suit against a railway to recover asserted overcharges. Justice Brandéis, speaking for the court, allowed the state court suit to proceed because the issue presented in that case—i.e., the proper interpretation of a tariff—was one of law and neither involved disputed facts, nor required the exercise of expertise possessed by the ICC. The court explained, “Preliminary resort to the Commission [is necessary when] ... the enquiry is essentially one of fact and of discretion in technical matters; and uniformity can be secured only if its determination is left to the Commission. Moreover, [388]*388that determination is reached ordinarily upon voluminous and conflicting evidence, for the adequate appreciation of which acquaintance with many intricate facts of transportation is indispensable; and such acquaintance is commonly to be found only in a body of experts. But what construction shall be given to a railroad tariff presents ordinarily a question of law which does not differ in character from those presented when the construction of any other document is in dispute.” (Id., at p. 291 [66 L.Ed. at p. 946].)
3. Western Pacific
In a third railroad shipping case, United States v. Western Pac. R. Co. (1956) 352 U.S. 59 [1 L.Ed.2d 126, 77 S.Ct. 161] (hereafter Western Pacific), the shipper (the United States government) filed suit in the Court of Claims to recover alleged overcharges. The issue presented was similar to that in Merchants, supra, 259 U.S. 285, i.e., the construction of a railroad tariff. Specifically, the question posed was whether shipments of steel bomb cases filled with napalm gel should be classified as “incendiary bombs” (subject to a high first-class tariff rate) or merely “gasoline in steel drums” (subject to a lower, fifth-class rate).
The high court considered the factors articulated in Abilene, supra, 204 U.S. 426, and Merchants, supra, 259 U.S. 285, i.e., (i) “the desirable uniformity which would obtain if initially a specialized agency passed on certain types of administrative questions” (Western Pacific, supra, 352 U.S. at p. 64 [1 L.Ed.2d at p. 132]), and (ii) the need to secure “the expert and specialized knowledge of the agencies involved.” (Ibid.) The court asserted that the term “incendiary bomb,” as used in the tariff regulations, posed a question of construction that “involves factors ‘the adequate appreciation of which’ presupposes an ‘acquaintance with many intricate facts of transportation’ ” possessed by the ICC. (Western Pacific, supra, 352 U.S. at p. 66 [1 L.Ed.2d at p. 133], quoting Merchants, supra, 259 U.S. at p. 291 [66 L.Ed. at p. 946].) Accordingly, the court concluded, “in the circumstances here presented the question of tariff construction, as well as that of the reasonableness of the tariff as applied, was within the exclusive primary jurisdiction of the Interstate Commerce Commission.” (Western Pacific, supra, 352 U.S. at p. 63 [1 L.Ed.2d at p. 132].)
4. Nader
A more recent high court case illustrates both procedural and substantive aspects of the primary jurisdiction doctrine. In Nader v. Allegheny Airlines (1976) 426 U.S. 290 [48 L.Ed.2d 643, 96 S.Ct. 1978] (hereafter Nader), the plaintiff filed a common law tort action for fraudulent misrepresentation [389]*389against an airline that sold him a confirmed ticket on an overbooked flight, causing the plaintiff to miss his flight. Like the statute at issue in Abilene, supra, 204 U.S. 426, the relevant section of the Federal Aviation Act (49 U.S.C. § 1381) provided, “ ‘[n]othing contained in this chapter shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies.’ ” (Nader, supra, 426 U.S. at p. 298 [48 L.Ed.2d at p. 651], quoting that act; see ante, pp. 386, 387, fn. 6.)
The United States District Court entertained the suit and entered judgment for the plaintiff, but the United States Court of Appeals for the District of Columbia, applying the primary jurisdiction doctrine, reversed and remanded for administrative findings on, inter alia, the common law claim. It took judicial notice that the Civil Aeronautics Board (Board) was then considering the same challenges to carriers’ overbooking practices in an ongoing rule-making proceeding, and held that before the plaintiff would be allowed to proceed with his misrepresentation action, the Board should be allowed to consider whether the challenged practices fell within its power to investigate complaints and issue cease-and-desist orders. (Nader v. Allegheny Airlines, Inc. (D.C.Cir. 1975) 512 F.2d 527, 546 [167 App.D.C. 350].) Accordingly, the court of appeals instructed the district court to stay further action on the plaintiff’s misrepresentation claim pending the outcome of the rule-making proceeding. (Id., at p. 552.)8
The high court reversed. Initially, it observed that there was no “irreconcilable conflict between the statutory scheme and the persistence of common-law remedies. . . ,’’ (Nader, supra, 426 U.S. 290, 299 [48 L.Ed.2d 643, 652]) and that “[u]nder the circumstances, the common-law action and the statute . . . may coexist.” (Id., at p. 300 [48 L.Ed.2d at p. 652].)
The court then proceeded to apply the primary jurisdiction doctrine. It noted that under the administrative scheme at issue, individual consumers were “not even entitled” to initiate proceedings before the Board. (Nader, supra, 426 U.S. at p. 302 [48 L.Ed.2d at p. 654].) The fact that the plaintiff in the case before it had no authority to bring an administrative action, [390]*390however, did not resolve the court’s primary jurisdiction inquiry. Instead, the court relied on Western Pacific, supra, 352 U.S. 59, and other primary jurisdiction cases, in determining whether “considerations of uniformity in regulation and of technical expertise . . . call for prior reference to the Board.” (Nader, supra, 426 U.S. at p. 304 [48 L.Ed.2d at p. 655].) It concluded the proposed misrepresentation action posed no challenge to uniformity of regulation (id., at pp. 304-305 [48 L.Ed.2d at p. 655]), and that “[t]he standards to be applied in an action for fraudulent misrepresentation are within the conventional competence of the courts, and the judgment of a technically expert body is not likely to be helpful in the application of these standards to the facts of this case.” (Id., at pp. 305-306 [48 L.Ed.2d at p. 656] .) Accordingly, the court held prior resort to the administrative process was not required, and hence the plaintiff’s “tort action should not be stayed pending reference to the Board . . . .” (Id., at p. 307 [48 L.Ed.2d at p. 657] .)
B. The Primary Jurisdiction and Exhaustion Doctrines Compared
Petitioners assert throughout their briefs that the People should be required to “exhaust” their administrative remedies before pursuing their civil action in this case. As suggested above and explained below, the applicable principle in this case is the primary jurisdiction doctrine, not the exhaustion doctrine.
Petitioners’ mischaracterization is understandable because courts have often confused the two closely related concepts (see, e.g., 2 Cooper, supra, at pp. 572-573). “Both are essentially doctrines of comity between courts and agencies. They are two sides of the timing coin: Each determines whether an action may be brought in a court or whether an agency proceeding, or further agency proceeding, is necessary.” (Schwartz, Administrative Law (1984) § 8.23, p. 485.)
In Western Pacific, supra, 352 U.S. 59, the high court explained: “ "Exhaustion ’ applies where a claim is cognizable in the first instance by an administrative agency alone', judicial interference is withheld until the administrative process has run its course. "Primary jurisdiction, ’ on the other hand, applies where a claim is originally cognizable in the courts, and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body; in such a case the judicial process is suspended pending referral of such issues to the administrative body for its views.” (Id., at pp. 63-64 [1 L.Ed.2d at p.132], italics added; see also Schwartz, supra, § 8.23 at p. 486 [“Exhaustion applies where an agency [391]*391alone has exclusive jurisdiction over a case; primary jurisdiction where both a court and an agency have the legal capacity to deal with the matter.”].)
As noted above, count 1 of the People’s complaint presented a question of exhaustion of administrative remedies; the People attempted to litigate Insurance Code claims over which the Insurance Commissioner has been given exclusive jurisdiction without first invoking and completing the available administrative process set out in the Insurance Code. (See ante, p. 382, fn. 1.) By contrast, count 2 of the complaint—the only count before us now—presents a different issue. The Business and Professions Code claim in count 2 is “originally cognizable in the courts,” and thus it triggers application of the primary jurisdiction doctrine.
C. Policy Considerations Underlying the Primary Jurisdiction and Exhaustion Doctrines
The policy reasons behind the two doctrines are similar and overlapping. The exhaustion doctrine is principally grounded on concerns favoring administrative autonomy (i.e., courts should not interfere with an agency determination until the agency has reached a final decision) and judicial efficiency (i.e., overworked courts should decline to intervene in an administrative dispute unless absolutely necessary). (See 2 Cooper, supra, at p. 573; Schwartz, supra, § 8.30 at p. 503; Koch, Administrative Law and Practice (1985) § 10.22, p. 177.) As explained above, the primary jurisdiction doctrine advances two related policies: it enhances court decisionmaking and efficiency by allowing courts to take advantage of administrative expertise, and it helps assure uniform application of regulatory laws. (See Western Pacific, supra, 352 U.S. at pp. 64-65 [1 L.Ed.2d at p. 132]; 2 Cooper, supra, at p. 563; Schwartz, supra, § 8.24 at pp. 487-488; Koch, supra, § 10.23 at pp. 179-180; Modjeska, Administrative Law Practice and Procedure (1982) p. 204.)
No rigid formula exists for applying the primary jurisdiction doctrine (Western Pacific, supra, 352 U.S. 59, 64 [1 L.Ed.2d 126, 132]). Instead, resolution generally hinges on a court’s determination of the extent to which the policies noted above are implicated in a given case. (Ibid.; 2 Cooper, supra, at pp. 564-570, and cases discussed.)9 This discretionary approach [392]*392leaves courts with considerable flexibility to avoid application of the doctrine in appropriate situations, as required by the interests of justice.10
IV. Whether the Legislature has Precluded Application of the Primary Jurisdiction Doctrine in Actions Filed Under Section 17200 of the Business and Professions Code
The People suggest that the Legislature, by establishing “cumulative” administrative (§ 1858 et seq.) and civil (Bus. & Prof. Code, § 17200) “remedies” for the alleged violation of sections 1861.02 and 1861.05, has precluded courts from applying the primary jurisdiction doctrine in a case filed under the Business and Professions Code. In support, they cite City of Susanville v. Lee C. Hess Co. (1955) 45 Cal.2d 684 [290 P.2d 520] (hereafter Susanville), which states: “where a statute provides an administrative remedy and also provides an alternative judicial remedy the rule requiring exhaustion of the administrative remedy has no application if the person aggrieved and having both remedies afforded him by the same statute, elects to use the judicial one.” (Id., at p. 689, citing Scripps etc. Hospital v. Cal. Emp. Com. (1944) 24 Cal.2d 669, 673-674 [151 P.2d 109, 155 A.L.R. 360] (hereafter Scripps); see also Abelleira v. District Court of Appeal (1941) 17 Cal.2d 280, 292 [109 P.2d 942, 132 A.L.R. 715] (hereafter Abelleira) [“where an administrative remedy is provided by statute, relief must be sought from the administrative body and this remedy exhausted before the courts will act”].)
Contrary to the People’s suggestions, we do not view the cited cases as addressing the primary jurisdiction doctrine. All three cases applied the exhaustion of remedies doctrine, and not the primary jurisdiction doctrine.11 [393]*393Moreover, to the extent the People may be understood to assert that the analysis of Scripps, supra, 24 Cal.2d 669, and Susanville, supra, 45 Cal.2d 684, should control here by analogy, we find those cases inapposite. Scripps, supra, 24 Cal.3d 669, makes it clear that the trial court properly declined to dismiss an employer’s action for its failure to exhaust an available, “alternative” administrative remedy, but nowhere does it address the primary jurisdiction question, namely, whether the trial court had authority to (i) entertain a civil action, and (ii) in the exercise of its discretion under the judicially created primary jurisdiction doctrine, stay the judicial proceedings pending action by the administrative agency (see ante, p. 389, fn. 8). The same is true of Susanville, supra.12 Accordingly, we do not read the cited cases as prohibiting a court from exercising its discretion under the primary jurisdiction doctrine merely because “alternative” or “cumulative” administrative [394]*394and civil remedies are made available to a plaintiff.13 We conclude instead as follows:
If the Legislature establishes a scheme under which a court is prohibited from exercising discretion under the doctrine of primary jurisdiction, a court must honor the legislative scheme, and may not decline to adjudicate a suit on the basis that available administrative processes should first be invoked and completed. If, however, the Legislature does not preclude a court from exercising its discretion under the primary jurisdiction doctrine, a court may do so and, in appropriate cases, may decline to adjudicate a suit until the administrative process has been invoked and completed.
Accordingly, the threshold question we must decide is whether the Legislature established a scheme that precludes a court from exercising discretion under the primary jurisdiction doctrine. For the reasons set out below, we conclude the legislative scheme at issue here does not address the primary jurisdiction issue, and a court thus is free to exercise its discretion to determine whether to stay proceedings in this suit pending action by the Insurance Commissioner.
The People assert that section 1861.03, subdivision (a) (which, as noted above,14 provides that the insurance industry is subject to, inter alia, Bus. & Prof. Code § 17200 et seq.) “neither restricts the use of section 17200 in insurance cases nor requires the use of administrative procedures within the Department of Insurance for the implementation of section 17200 or the adjudication of any violations. . . .”
We agree that section 1861.03 does not condition a suit under Business and Professions Code section 17200 on prior resort to the administrative process under the Insurance Code. Indeed, it does not speak to that issue at all. It merely modifies preexisting law, to provide, in essence, that insurers are subject to the unfair business practices laws in addition to preexisting regulations under the McBride Act, as amended. Section 1861.03 discloses no legislative preference for, or against, permitting a court to exercise its discretion under the primary jurisdiction doctrine to stay judicial proceedings pending action by the Insurance Commissioner.
The People advance a similar argument with respect to Business and Professions Code section 17205, which, as noted above, states: “Unless [395]*395otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.” We conclude, however, that the “unfair competition” remedy provided under Business and Professions Code section 17205 also fails to disclose legislative intent one way or the other on the question presented here, namely, whether the Legislature intended to preclude a court from exercising discretion under the primary jurisdiction doctrine in a suit filed under Business and Professions Code section 17200. Instead, section 17205 merely reflects legislative intent that the remedy under Business and Professions Code section 17200 not displace any other remedy that might exist.
We base our construction of section 17205 of the Business and Professions Code not merely on the language of that section viewed in isolation, but on the scheme of the Unfair Practices Act as a whole. As noted above, section 17200 of the Business and Professions Code defines “unfair competition” very broadly, to include “ ‘anything that can properly be called a business practice and that at the same time is forbidden by law.’ ” (Barquis, supra, 7 Cal.3d 94, 113.) Because it sweeps so broadly, the Unfair Practices Act applies to many situations in which no administrative process is available to address the challenged practice. Thus there is nothing from which we can conclude that the Legislature intended to preclude a court presented with a suit under the Unfair Practices Act from exercising discretion under the primary jurisdiction doctrine, in situations in which the practice challenged is one over which an administrative agency may also exercise jurisdiction. Instead, as with section 1861.03, subdivision (a), we conclude the Unfair Practices Act, and Business and Professions Code section 17205 in particular, discloses no legislative intent to preclude a court from exercising discretion under the primary jurisdiction doctrine before entertaining a civil action under section 17200 of the Business and Professions Code. It follows that we may consider whether to stay judicial proceedings pending action by the Insurance Commissioner in this case.
V. Recent Application of the Primary Jurisdiction Doctrine
Recently we applied primary jurisdiction principles in Rojo v. Kliger (1990) 52 Cal.3d 65 [276 Cal.Rptr. 130, 801 P2d 373] (Rojo), in which the plaintiff asserted (i) statutory violations of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq„ hereafter the FEHA), and (ii) common law violations (intentional infliction of emotional distress, and wrongful discharge in contravention of public policy). Instead of submitting her claims to the administrative body established under the FEHA, the plaintiff in Rojo filed a civil suit.
[396]*396We held exhaustion of available remedies under the FEHA necessary before a plaintiff may proceed with statutory claims under that act (Rojo, supra, 52 Cal.3d at pp. 83-84), but we found prior resort15 unnecessary before a plaintiff may proceed with a civil suit based on common law claims for damages resulting from sex discrimination in employment (id., at pp. 84-88). A review of the factors motivating this latter holding assists our analysis in the present case.
We held prior resort to the administrative process unnecessary for two reasons. First, we explained, “the FEHA does not have a ‘pervasive and self-contained system of administrative procedure’ [citation] for general regulation or monitoring of employer-employee relations so as to assess or prevent discrimination or related wrongs in the employment context. . . .” (Rojo, supra, 52 Cal.3d at pp. 87-88.) Second, “the factual issues in an employment discrimination case [are not] of a complex or technical nature beyond the usual competence of the judicial system.” (Id., at p. 88.) We concluded, “[w]ith all due respect to the efficiency and expertise the [administrative agency] bring[s] to bear in investigating and determining statutory discrimination cases, and the salutary effect [it has] on the settlement and disposition of such cases, these are not cases having such a paramount need for specialized agency fact-finding expertise as to require [prior resort to and] exhaustion of administrative remedies before permitting an aggrieved person to pursue his or her related nonstatutory claims and remedies in court.” (Ibid.)
VI. Application of the Primary Jurisdiction Doctrine in This Case
Our analysis in Rojo, supra, 52 Cal.3d 65, informs the result in this case. First, as explained above (ante, pp. 384-385), the Insurance Commissioner has at his disposal a “pervasive and self-contained system of administrative procedure” (Rojo, supra, at p. 87) to deal with the precise questions involved herein.
Second, and more important, based on the allegations in the People’s complaint, there is good reason to require that these administrative procedures be invoked here. As we explain below, we conclude that considerations of judicial economy, and concerns for uniformity in application of the complex insurance regulations here involved, strongly militate in favor of a stay to await action by the Insurance Commissioner in the present case.
In Rojo, supra, 52 Cal.3d 65, we reasoned that in light of the nature of the common law action involved in that case, the agency had no special expertise that would warrant prior resort to its procedures. By contrast, other [397]*397courts have observed that questions involving insurance rate making pose issues for which specialized agency fact-finding and expertise is needed in order to both resolve complex factual questions and provide a record for subsequent judicial review. As noted in Karlin v. Zalta (1984) 154 Cal.App.3d 953, 986 [201 Cal.Rptr. 379], “[the Insurance Commissioner’s] determination with respect to controverted rates could not only be of inestimable value to a court should trial be inevitable, but might eliminate the need for a trial, or might resolve major elements of dispute.” (See also County of Los Angeles v. Farmers Ins. Exchange, supra, 132 Cal.App.3d 77, 87 [“üie Insurance Commissioner and the Department of Insurance possess sophisticated bodies of expertise in this field which make them particularly able to handle these matters”].)
The People assert the claims at issue here “involve relatively simple factual determinations which do not require the detailed examination of experts within the Department of Insurance.” To support this view of their complaint, they assert, for the first time in briefs filed in this court, that their action is in reality one to preclude Farmers Insurance Exchange from referring persons who meet the criteria for a Good Driver Discount policy to Mid-Century Insurance Company, a “substandard” insurer that is part of the Farmers Group, but which charges rates “substantially higher” than Farmers for the same coverage.16
We cannot accept the People’s recharacterization of their complaint. The complaint filed in superior court makes no mention of any alleged improper referral plan between Farmers and Mid-Century, and, although it was clearly possible for the People to do so,17 the complaint does not on its face allege the factual claim that the People now advance. Instead, the complaint tracks [398]*398the specific language of four of the numerous Insurance Code provisions that relate to Good Driver Discount policies. Taken at face value, the People’s complaint alleges violations of specific statutory eligibility rules governing such policies, and violations of the statutory rales for rates under those policies.
We conclude that in determining whether it is appropriate to issue a stay of judicial proceedings in order to permit administrative action under the primary jurisdiction doctrine, we must confine our analysis to the complaint as written. A review of the allegations in the People’s complaint demonstrates the “paramount need for specialized agency fact-finding expertise” in this case. (Rojo, supra, 52 Cal.3d at p. 88.)
The gravamen of the People’s action under section 17200 of the Business and Professions Code is alleged violation of three specific “Good Driver Discount policy” provisions of section 1861.02(b) and 1861.02(c), and the “unfairly discriminatory rates” provision of section 1861.05(a). In order to decide whether petitioners have violated the cited subdivisions of section 1861.02, it must be determined whether petitioners refused to offer discount policies to those who qualified for such a policy; refused to charge rates at least 20 percent below the rate that would otherwise have been charged; and used the absence of prior automobile insurance coverage, “in and of itself,” to determine eligibility for a Good Driver Discount policy, or to establish rates and premiums. In order to decide whether petitioners have violated section 1861.05, it must be determined whether they employed an “unfairly discriminatory” rate. The resolution of these questions mandates exercise of expertise presumably possessed by the Insurance Commissioner, and poses a risk of inconsistent application of the regulatory statutes if courts are forced to rale on süch matters without benefit of the views of the agency charged with regulating the insurance industry.
First, in determining eligibility for Good Driver Discount policies, section 1861.02(b)(1) specifies that the criteria set out in section 1861.025 are to be used. That section in turn addresses the eligibility of persons who have been involved in accidents during the prior three years, and who were “principally at fault.” (§ 1861.025, subd. (b)(1), (b)(4).) The statute further provides, as to both criteria, “[t]he commissioner shall adopt regulations setting guidelines to be used by insurers for their determination of fault for the purposes [399]*399of [these] paragraph^].” (§ 1861.025, subd. (b)(4); see Cal. Code Regs., tit. 10, ch. 5, subch, 4.7, § 2632.13.1.) It seems clear to us that the Insurance Commissioner is best suited initially to determine whether his or her own regulations pertaining to eligibility have been faithfully adhered to by an insurer.
Similarly, the determination of whether a given Good Driver Discount policy comports with the “20 percent discount” provision of the statute also calls for exercise of administrative expertise preliminary to judicial review. Inevitably, analysis of the People’s claim will require “a searching inquiry into the factual complexities of [automobile] insurance ratemaking and the conditions of that market during the turbulent time here involved.” (Karlin v. Zalta, supra, 154 Cal.App.3d 953, 983.) To address the People’s claim, one must inquire into the insurer’s ratemaking process in order to determine what the rate would be for a given driver without the discount. Thereafter one must discern whether the rate offered on a given Good Driver Discount policy is 20 percent below what the insured would otherwise have been charged. As we have observed, the question of insurance rate regulation has “traditionally commanded administrative expertise applied to controlled industries.” (Chicago Title Ins. Co. v. Great Western Financial Corp. (1968) 69 Cal.2d 305, 323 [70 Cal.Rptr. 849, 444 P.2d 481].)
There is no reason to conclude otherwise in the present case; we think it is plain that a court attempting to determine whether a given Good Driver Discount policy meets the statutory 20 percent discount requirements should have the benefit of the Insurance Commissioner’s expert assessment of that issue. In addition, we note that section 1861.02, subdivision (e), provides, “The commissioner shall adopt regulations implementing this section and insurers may submit applications pursuant to this article which comply with those regulations . . . .” (Italics added; see Cal. Code Regs., tit. 10, ch. 5, subch. 4.7, § 2632.1 et seq.) As above, it seems clear that the Insurance Commissioner, rather than a court, is best suited initially to determine whether his or her own regulations pertaining to compliance have been faithfully adhered to by an insurer.18
Finally, and for the same reasons, the determination whether petitioners employed rates that are “unfairly discriminatory” also calls for exercise of administrative expertise preliminary to judicial review. In practice, resolution of the “unfairly discriminatory rate” question will turn in many instances on determination of the above discussed rate-setting provisions of [400]*400the Insurance Code. It is readily apparent that a court would benefit immensely, and uniformity of decisions would be greatly enhanced, by having an expert administrative analysis available before attempting to grapple with such a potentially broad-ranging and technical question of insurance law.19
Accordingly, we reject the People’s assertion that because eventual recourse to the courts is likely in this case, nothing is to be gained by requiring prior resort to the administrative process involved here. As we said in Westlake Community Hosp. v. Superior Court (1976) 17 Cal.3d 465, 476 [131 Cal.Rptr. 90, 551 P.2d 410], “even if . . . ultimate resort to the courts [is] inevitable [citation], the prior administrative proceeding will still promote judicial efficiency by unearthing the relevant evidence and by providing a record which the court may review.” In addition, we reject any suggestion that the interests of justice militate against a requirement of prior resort in this case. (See ante, pp. 391-392, fns. 9 & 10.) The People do not assert that the administrative remedies available from the Insurance Commissioner are “inadequate,” and we dismiss as unsupported conjecture the suggestion that prior resort to the administrative process will unduly delay or frustrate resolution of the issues presented in the People’s complaint.
The cases cited by the People (People v. McKale, supra, 25 Cal.3d 626; People v. Los Angeles Palm, Inc. (1981) 121 Cal.App.3d 25 [175 Cal.Rptr. 257]; and People v. Casa Blanca Convalescent Homes, Inc. (1984) 159 Cal.App.3d 509 [206 Cal.Rptr. 164, 53 A.L.R.4th 661]) do not require a contrary result. In McKale, supra, 25 Cal.3d 626, we held that although a specific statutory remedy existed for a violation of the Mobilehome Park Act (Health & Saf. Code, § 18200 et seq.), a civil action for unfair competition under Business and Professions Code section 17200 et seq. was proper. Los Angeles Palm, Inc., supra, 121 Cal.App.3d 25, allowed an action under section 17200 et seq. of the Business and Professions Code although the Labor Code provided a remedy for the harm alleged. Casa Blanca Convalescent Homes, Inc., supra, 159 Cal.App.3d 509, recognized the Attorney General’s right to sue under Business and Professions Code section 17200 et seq. based on conduct also regulated by the Department of Health Services under Health and Safety Code section 1417 et seq. All three cases, however, are inapposite.
[401]*401Each decision focused on whether—not when—the People may bring an unfair competition action. At most, they may be read as implicitly holding that, based on the allegations involved in those matters, prior resort to available administrative processes was unnecessary on the facts of each case. None of the cases stands for the proposition that actions brought under the Business and Professions Code are, as a matter of law, outside the application of the primary jurisdiction doctrine.
Finally, we reject the People’s unsupported and novel claim that because the Attorney General is the chief law enforcement officer of the state, actions filed by him should not be subject to the primary jurisdiction doctrine. The reasons supporting the doctrine apply to private citizens and the Attorney General alike, and the two classes of plaintiffs should be treated equally. The primary jurisdiction doctrine evolved for the benefit of courts and administrative agencies, and unless precluded by the Legislature, it may be invoked whenever a court concludes there is a “paramount need for specialized agency fact-finding expertise.” (Rojo, supra, 52 Cal.3d at p. 88.)20
VII. Conclusion
We conclude, based on the complaint as it stands, that a paramount need for specialized agency review militates in favor of imposing a requirement of prior resort to the administrative process, and as noted above we reject any suggestion that the interests of justice militate against application of a prior resort requirement in this case.
Accordingly, the judgment of the Court of Appeal is reversed with directions to issue a writ of mandate directing the superior court to stay judicial proceedings in this case and retain the matter on the court’s docket pending proceedings before the Insurance Commissioner (see, e.g., Tank Car Corp. v. Terminal Co., supra, 308 U.S. 422, 432-433 [84 L.Ed. 361, 370]; Shernoff v. Superior Court, supra, 44 Cal.App.3d 406, 408-409), and to closely monitor the progress of the administrative proceedings to ensure against unreasonable delay of the People’s civil action (see, e.g., Shernoff v. Superior Court, [402]*402supra, 44 Cal.App.3d 406, 408; Red Lake Band of Chippewa Indians v. Barlow (8th Cir. 1988) 846 F.2d. 474, 476-477; see generally Rohr Industries v. Wash. Metro Area Transit Auth. (D.C.Cir. 1983) 720 F.2d 1319, 1326-1327 [232 App.D.C. 92]).
Panelli, J., Kennard, J., Arabian, J., Baxter, J., and George, J., concurred.