173783P.pdf   06/13/2019  Federal Trade Commission  v.  Sanford Health
   U.S. Court of Appeals Case No:  17-3783
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Colloton, Author, with Shepherd and Stras, Circuit Judges] 
   Civil case - Clayton Act. Action by the FTC and the State of North Dakota 
   to enjoin defendant Sanford's acquisition of Mid Dakota Clinic. The 
   district court granted a preliminary injunction after determining 
   plaintiffs would likely succeed in showing the acquisition would 
   substantially lessen competition in four types of physician services in 
   the Bismarck-Mandan area. The district court did not improperly shift the 
   burden of persuasion to defendants and correctly followed the burden 
   shifting framework endorsed by the D.C. Circuit in U.S. v. Baker Hughes, 
   Inc., 908 F.ed 981 (D.C. Cir. 1990); no error in determining the relevant 
   market; the court correctly determined the government had made a prima 
   facie case that the merger would result in an undue market concentration 
   in the relevant area.