Phoebe files brief in FTC battle - WALB.com, Albany News, Weather, Sports

Phoebe files brief in FTC battle

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ALBANY, GA (WALB) -

 In its on-going legal battle with the Federal Trade Commission, Phoebe Putney made a filing with the United State Supreme Court Monday.

Phoebe provided this summary from its local attorney, and the sixty-page brief which can be read on-line.

  • Statement from Thomas Chambless,  Chief Legal Counsel, Phoebe Putney Health System

The FTC has changed the argument it brings before the Supreme Court now.  Our brief supports our position that the acquisition of Palmyra by the Hospital Authority was absolutely authorized and correct under Supreme Court and 11th Circuit precedent. 

The FTC has no role to play in the transaction.  In 1943 the Supreme Court held in Parker v. Brown that in enacting the antitrust laws Congress had no intention of seeking "to restrain a state or its officers or agents from the activities directed by its legislature." 

The FTC tried in District Court to distinguish the transaction.  They now ask the court to change the standard.  Our brief points out to the court that its standard is correct and should not be changed. 

 The legislature created hospital authorities within the counties of the state and limited them to operation within those counties, while at the same time authorizing them to purchase other hospitals.  It is clearly foreseeable that a transaction like the Authority's acquisition of Palmyra would occur, and the FTC has no role to play.

 

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