Law Seminars International Presents: Call from Anywhere for a One-Hour Expert Analysis by Phone on

FTC v. Phoebe Putney Health System
Practical Implications of the Landmark Supreme Court Decision



March 1, 2013
Call in from Anywhere!
10-11 am Pacific / 1-2 pm Eastern

Who Should Call In

Litigation and corporate attorneys, executives, and others that may be affected or have clients affected by anticompetitive government conduct, or may be defending government entities. This program is also for anyone with interest in an important recent antitrust development relating to an antitrust exemption.

Why You Should Call In

On February 19, 2013, the Supreme Court in FTC v. Phoebe Putney Health System, Inc. issued a landmark decision limiting antitrust immunity for state-sanctioned conduct. The Court unanimously overturned the Eleventh Circuit's ruling allowing Phoebe Putney Health System Inc. to acquire its only hospital competitor, based upon the state-action immunity doctrine.

The Supreme Court ruled that the granting of general corporate powers to government entities under state law does not offer blanket protection from the antitrust laws, and emphasized that immunity under the antitrust laws is "disfavored" unless a state intended to displace competition. This decision makes it much more difficult for certain state and local entities to avoid antitrust scrutiny of their activity.

In this one-hour TeleBriefing, a diverse panel with intimate knowledge of this case -- featuring speakers from the Federal Trade Commission, legal academia, and law firm practice -- will discuss what this decision means for the future of antitrust law, as well as state and local anticompetitive conduct.

What You Will Learn

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Agenda

Friday, March 01, 2013

10:00 am

FTC v. Phoebe Putney Health System

Introduction & overview; implications for antitrust litigation

Jarod M. Bona, Esq., Of Counsel, Moderator
DLA Piper / San Diego, CA

Background to the FTC's challenge; important facts about the case and underlying transaction; analysis of the decision and its effect on the state action doctrine

Edward Hassi, Esq., Chief Trial Counsel
Federal Trade Commission, Bureau of Competition / Washington, DC

State action immunities and other immunities

Christopher L. Sagers, Esq., Professor of Law
Cleveland-Marshall College of Law / Cleveland, OH

 
11:00 am

Q & A (for up to 30 minutes)

 


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Our Distinguished Panel

Jarod M. Bona is an antitrust and competition attorney for DLA Piper. He filed an amicus brief to the United States Supreme Court on behalf of his client in FTC v. Phoebe Putney Health System, Inc., supporting the FTC's position and arguing that a market-participant exception should apply to state-action immunity from the antitrust laws. He is a frequent commentator on antitrust developments, and writes several articles each year for a variety of publications. In addition to his extensive litigation experience, Mr. Bona counsels clients on state, federal, and international competition issues and is a Non-Governmental Advisor for the Unilateral Conduct Working Group of the International Competition Network (ICN).

Edward D. ("Ted") Hassi is Chief Trial Counsel in the Federal Trade Commission's Bureau of Competition. Previously he was a partner and member of the Securities Litigation and Antitrust/Competition practice groups at the law firm of O'Melveny & Myers LLP. Mr. Hassi was responsible for the FTC's opposition to Phoebe Putney's state action defense in the District Court.

Christopher L. Sagers is James A. Thomas Distinguished Professor of Law at Cleveland State University, where he teaches courses in Antitrust, Bank Regulation, Business Organizations, Law & Economics, Administrative Law, and the Theory of the Firm. He is co-author of Sullivan, Grimes & Sagers, The Law of Antitrust: An Integrated Handbook, and has written extensively on antitrust, economic regulatory matters, legal history, and legal philosophy. He has given testimony on these matters before the U.S. Congress and the Antitrust Modernization Commission. He is a Senior Fellow of the American Antitrust Institute, an elected member of the American Law Institute, and serves in the leadership of the Antitrust Section of the American Bar Association. Previously he practiced law at Arnold & Porter and Shea & Gardner.