HARRY HUGHES, Governor

887

2. WHERE MORE THAN TWO INSURERS ARE
INVOLVED, IF THE INSURERS POSSESS A SHARE OF THE MARKET THAT
EXCEEDS THE TOTAL OF THE TWO COLUMNS IN THE TABLE, IT IS PRIMA
FACIE EVIDENCE OF VIOLATION OF THE COMPETITIVE STANDARD IN
PARAGRAPH (1) OF THIS SUBSECTION.

(II) 1. PERCENTAGES NOT SHOWN IN THE TABLES IN
SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY BE INTERPOLATED
PROPORTIONATELY TO THE PERCENTAGES THAT ARE SHOWN.

2. FOR THE PURPOSE OF THIS PARAGRAPH, THE
INSURER WITH THE LARGEST SHARE OF THE MARKET SHALL BE DEEMED TO
BE INSURER "A".

(III) 1. IN THIS PARAGRAPH, THE FOLLOWING TERMS
HAVE THE MEANINGS INDICATED.

2.  "INSURER" INCLUDES ANY COMPANY OR
GROUP OF COMPANIES UNDER COMMON MANAGEMENT, OWNERSHIP OR CONTROL.

3.  "MARKET" MEANS THE RELEVANT PRODUCT
AND GEOGRAPHICAL MARKETS.

(IV)  IN THE ABSENCE OF SUFFICIENT INFORMATION
TO THE CONTRARY, THE RELEVANT PRODUCT MARKET IS ASSUMED TO BE THE
DIRECT WRITTEN INSURANCE PREMIUM FOR A LINE OF BUSINESS WHICH
SUCH LINE BEING THAT USED IN THE ANNUAL STATEMENT REQUIRED TO BE
FILED BY INSURERS DOING BUSINESS IN THIS STATE AND THE RELEVANT
GEOGRAPHICAL MARKET IS ASSUMED TO BE THIS STATE. IN DETERMINING
THE RELEVANT PRODUCT AND GEOGRAPHICAL MARKETS, THE COMMISSIONER
SHALL CONSIDER, AMONG OTHER THINGS:

1.  THE DEFINITIONS OR GUIDELINES, IF ANY,
PROMULGATED BY THE NATIONAL ASSOCIATION OF INSURANCE
COMMISSIONERS; AND

2.  INFORMATION, IF ANY, SUBMITTED BY
PARTIES TO THE ACQUISITION.

(3) AN ORDER MAY NOT BE ENTERED UNDER SUBSECTION
(E)(1) OF THIS SECTION IF:

(I)  THE ACQUISITION WILL YIELD SUBSTANTIAL
ECONOMIES OF SCALE OR ECONOMIES IN RESOURCE UTILIZATION THAT
CANNOT BE FEASIBLY ACHIEVED IN ANY OTHER WAY, AND THE PUBLIC
BENEFITS WHICH WOULD ARISE FROM SUCH ECONOMIES EXCEED THE PUBLIC
BENEFITS WHICH WOULD ARISE FROM NOT LESSENING COMPETITION; OR

(II)  THE ACQUISITION WILL SUBSTANTIALLY
INCREASE THE AVAILABILITY OF INSURANCE, AND THE PUBLIC BENEFITS
OF SUCH INCREASE EXCEED THE PUBLIC BENEFITS WHICH WOULD ARISE
FROM NOT LESSENING COMPETITION.

(E) (1) IF AN ACQUISITION VIOLATES THE STANDARDS OF THIS
SECTION, THE COMMISSIONER MAY ENTER AN ORDER: