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8th Circ. Won't Unblock ND Med Merger Facing FTC Challenge

Law360 (June 13, 2019, 8:17 PM EDT) -- An Eighth Circuit panel refused to upend a preliminary injunction blocking a proposed merger between two North Dakota health care providers, siding in a published opinion Thursday with Federal Trade Commission arguments that a district judge didn’t improperly shift the burden of proof onto the companies.

U.S. Magistrate Judge Alice R. Senechal kept the burden of showing anti-competitive effects on the FTC and the state of North Dakota, the panel held in maintaining the December 2017 injunction currently blocking Sanford Health and its subsidiary Sanford Bismarck from acquiring Mid Dakota Clinic PC. The companies had argued they were improperly required to show their tie-up...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 8th Circuit

Nature of Suit

1410 Antitrust

Date Filed

December 26, 2017

Law Firms


Government Agencies