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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