In a decision that extends the FTC's winning streak in the
courts of appeals in healthcare provider merger cases, the Eighth
Circuit affirmed the Federal Trade Commission's
("FTC") bid to enjoin Sanford Health's acquisition of
Mid Dakota Clinic ("MDC"). This decision follows almost
three years of investigation and litigation.
Sanford is a vertically integrated healthcare system operating
in eight states, including North Dakota. In the Bismarck-Mandan
area, Sanford operates an acute-care hospital and employs
approximately 160 physicians. MDC is a 61-physician multispecialty
group also in the Bismarck-Mandan area. The transaction, announced
in September 2016, attracted the attention of the FTC and North
Dakota Attorney General, who sued to enjoin it in June 2017.