THE RELEVANT MARKETS. Xxxxx’x proposed acquisition of certain Constellation assets would likely result in substantial competitive harm in the following product markets: entry-level on-premise sparkling wine, low-priced sparkling wine, low-priced xxxxxx, low-priced port and low- priced xxxxxx fortified wines, and HCCs. The United States is the relevant geographic market in which to assess the competitive effects of the proposed Acquisition
A. Entry-Level On-Premise Sparkling Wine
B. Low-Priced Sparkling Wine
C. Low-Priced Xxxxxx
D. Low-Priced Port and Low-Priced Xxxxxx
E. High Color Concentrates
THE RELEVANT MARKETS. PARAGRAPH FIVE. One relevant line of commerce in which to evaluate the effects of the merger is the sale or licensing of well data. "
THE RELEVANT MARKETS. 9. For purposes of this Complaint, the relevant line of commerce in which to analyze the effect of the Acquisitions is the retail sale of pharmacy services to third-party payors.
10. For purposes of this Complai nt, the relevant sections of the country in which to analyze the effect of the Acquisitions are:
a. the state of North Carolina;
b. the Charlotte-Gastonia-Rock Hill, North Carolina- South Carolina MSA;
c. the Greensboro-Winston Salem-High Point, North Carolina MSA;
d. the Raleigh-Durham-Chapel Hill, North Carolina MSA; and
e. the Charleston-North Charleston, South Carolina MSA.
11. The relevant markets set forth in Paragraphs 9 and 10 are highly concentrated, whether measured by Xxxxxxxxxx- Xxxxxxxxxx Indices ( HHI ) or two-firm and four-firm concentration ratios.
12. Entry into the relevant markets is difficult or unlikely to occur at a sufficient scale to deter or counteract the effect of the Acquisitions described in Paragraph 14.
13. Thrift Drug, Eckerd and Rite Aid are actual competitors in the relevant markets.
THE RELEVANT MARKETS. For purposes of this Complaint, the relevant line of commerce in which to analyze the effect of the Acquisition is the retail sale of pharmacy services to third-party payors such as insurance carriers, health maintenance organizations, preferred provider organizations, and corporate employers. Pharmacy services refers to the filling of prescription drugs and related pharmacy service benefits. Third-party payors offer retail pharmacy service benefits to their beneficiaries, typically through intermediaries known as pharmacy benefit management firms or PBMs, who create and administer retail pharmacy networks on behalf of third-party payors, so that the beneficiaries of these third-party payors may go to any pharmacy participating in the retail pharmacy network to have their prescriptions filled.
THE RELEVANT MARKETS. 10. For purposes of this Complaint, a relevant line of commerce in which to analyze the Helima Acquisition is the market for Large Welded Aluminum Tubes.
11. For purposes of this Complaint, a relevant line of commerce in which to analyze the Helima Acquisition is the market for Small Welded Aluminum Tubes.
12. For purposes of this Complaint, the relevant geographic market for both relevant lines of commerce is North America.
13. Each of the relevant markets is highly concentrated. As a result of the Helima Acquisition, Insilco is currently the only supplier of Large Welded Aluminum Tubes with 100% of the market, and one of only two suppliers of Small Welded Aluminum Tubes, with a market share of over 90%.
14. There has been no entry into the market for Large Welded Aluminum Tubes since the time of the Acquisitions, and the threat of entry has not deterred anticompetitive effects resulting from the Helima Acquisition. Because the cost of entering and producing Large Welded Aluminum Tubes is relatively high compared to the limited potential sales revenues available to an entrant, entry into this market is not likely to be profitable. Consequently, entry into the Large Welded Aluminum Tube market is not likely to occur in a timely manner and counteract the additional anticompetitive effects likely to result from the Helima Acquisition. Entry into this relevant market is difficult and unlikely.
15. There has been no entry into the market for Small Welded Aluminum Tubes since the time of the Acquisitions, and the threat of entry has not deterred anticompetitive effects resulting from the Helima Acquisition. Additional anticompetitive effects resulting from the Helima Acquisition are likely and will continue until such time as actual and sufficient entry occurs .
16. Prior to the Acquisitions, Insilco and Helima were actual competitors in the relevant markets.
THE RELEVANT MARKETS. For purposes of this Complaint, the relevant lines of commerce in which to analyze the effects of the Acquisition are:
THE RELEVANT MARKETS. 13. For purposes of this Complaint, the relevant lines of commerce in which to analyze the effects of the Acquisition are:
a. the development, manufacture, and sale of Titanium Aerospace Investment Cast Components;
b. the development, manufacture, and sale of Large Stainless Steel Aerospace Investment Cast Components; and
c. the development, manufacture, and sale of Large Nickel-based Superalloy Aerospace Investment Cast Components.
14. For purposes of this Complaint, the world is the relevant geographic area in which to analyze the effects of the Acquisition in the relevant lines of commerce.
THE RELEVANT MARKETS. The relevant lines of commerce in which to analyze the effects of the acquisition are: (a) the research, development, manufacture and sale of a ballistic missile defense system for the United States Department of Defense ("BMD System"); and (b) the provision of systems engineering and technical assistance services to the United States Ballistic Missile Defense Organization ("SETA Services").
THE RELEVANT MARKETS. PARAGRAPH FOUR: The relevant line of commerce in which to analyze the effects of the merger is natural gas gathering services i.e.,the transportation, for the respondent’s own accoun t or for other persons, of natural gas from the wellhead or producing area to a natural gas transmission pipeline or a natural gas processing plant.
THE RELEVANT MARKETS. 16. For purposes of this Complaint, the relevant lines of commerce in which to analyze the effects of the Acquisition are:
a. the research, development, manufacture and sale of High Altitude Endurance Unmanned Air Vehicles;
b. the research, development, manufacture and sale of Space Launch Vehicles; and
c. the research, development, manufacture and sale of Space Launch Vehicle Propulsion Systems.
17. For purposes of this Complaint, the United States is the relevant geographic area in which to analyze the effects of the Acquisition in all relevant lines of commerce.
