Antitrust for the Antitrust for the Insurance IndustryInsurance Industry

American Bar Association, Antitrust SectionAmerican Bar Association, Antitrust SectionInsurance Industry Committee ProgramInsurance Industry Committee Program

New York, New York New York, New York

May 17, 2006May 17, 2006

The principal federal The principal federal antitrust law is the Sherman antitrust law is the Sherman Act. For whom is it named?Act. For whom is it named?

The Sherman Act, enacted in 1905, is named The Sherman Act, enacted in 1905, is named after its principal sponsor, Senator John after its principal sponsor, Senator John Sherman of Ohio (who also happened to be Sherman of Ohio (who also happened to be General William Sherman’s little brother).General William Sherman’s little brother).

Singer Bobby Sherman

John Sherman, Senator, Ohio, 1861-1877, 1881-1897

Civil War GeneralWilliam Sherman

Actor Sherman Hemsley

Mr. Peabody and “His boy Sherman”

The McCarran-Ferguson Act provides the The McCarran-Ferguson Act provides the insurance industry with a limited exemption insurance industry with a limited exemption from the federal antitrust laws. The Act is from the federal antitrust laws. The Act is named for Senator Patrick McCarran of Nevada named for Senator Patrick McCarran of Nevada and which famous “Ferguson?”and which famous “Ferguson?”

And?

Patrick A. McCarranSenator, Nevada, 1933-1954

Senator Homer Ferguson of Senator Homer Ferguson of Michigan, Of Course!Michigan, Of Course!

Chicago CubFerguson Jenkins

Jazz Musician Maynard Ferguson

Late Night HostCraig Ferguson

Homer FergusonSenator, Michigan, 1943 -1955

Sarah FergusonDuchess of York

The Principal California State The Principal California State Antitrust Law is the Cartwright Act. Antitrust Law is the Cartwright Act. For which famous Cartwright is it For which famous Cartwright is it

named?named?

Adam

Little Joe

Pa

Hoss

It was California State Senator It was California State Senator George W. CartwrightGeorge W. Cartwright

But since I don’t have his picture, we’ll But since I don’t have his picture, we’ll just improvise and use Chicago Bull just improvise and use Chicago Bull

Bill Cartwright!Bill Cartwright!

To whom can you turn to learn To whom can you turn to learn this, and other, important this, and other, important

information about the antitrust information about the antitrust laws?laws?

Perry Mason Atticus Finch

Ally McBeal Denny Crane

No, not likely!No, not likely!

So where are you going So where are you going to turn?to turn?

Our Program TodayOur Program Today 1:301:30 Antitrust Issues in Insurance MergersAntitrust Issues in Insurance Mergers

Keith Shugarman and Todd HahnKeith Shugarman and Todd HahnGoodwin Procter LLPGoodwin Procter LLP

2:002:00 Ratemaking and Policy Form Creation IssuesRatemaking and Policy Form Creation IssuesMike McCluggageMike McCluggageWildman Harrold Allen & DixonWildman Harrold Allen & Dixon

2:30 2:30 Alternative Legal Claims Advanced Against InsurersAlternative Legal Claims Advanced Against InsurersLuanne SacksLuanne SacksDLA Piper Rudnick Gray Cary US LLPDLA Piper Rudnick Gray Cary US LLP

3:003:00 IntermissionIntermission

3:153:15 New York’s Insurance InvestigationNew York’s Insurance InvestigationPeter BernsteinPeter BernsteinAssistant Attorney General, N.Y. A.G. OfficeAssistant Attorney General, N.Y. A.G. Office

3:453:45 Update on the McCarran-Ferguson ActUpdate on the McCarran-Ferguson ActBill KatzBill KatzThompson Knight LLPThompson Knight LLP

4:154:15 Insurer Relationships with Third Parties -- Agents, BrokersInsurer Relationships with Third Parties -- Agents, Brokers

and Providersand Providers Jim BurnsJim Burns Vorys Sater Seymour and Pease LLPVorys Sater Seymour and Pease LLP

I HOPE THAT YOU ENJOY OUR PROGRAM!I HOPE THAT YOU ENJOY OUR PROGRAM!