FTC's Unusual Settlement For Minn. Physician-Practice Merger

Law360, New York (November 16, 2016, 4:34 PM EST) -- The Federal Trade Commission’s recently announced proposed settlement of its challenge of CentraCare Health’s acquisition of the 40-physician St. Cloud Medical Group (SCMG) is doubly noteworthy. The settlement ends the FTC’s challenge of a transaction that was too small to be reportable under the Hart-Scott-Rodino Act, and the settlement is premised on a unique combination of the acquirer’s promise to give financial assistance to potential new entrants and the reliance on the “failing firm” defense that infrequently is accepted by government enforcers.

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