THE RELEVANT MARKETS Clause Samples
The "Relevant Markets" clause defines the specific geographic areas, product categories, or sectors to which the agreement or its restrictions apply. In practice, this clause outlines the boundaries within which parties must operate, such as specifying certain countries, regions, or types of goods and services covered by the contract. By clearly delineating these markets, the clause helps prevent disputes over the scope of obligations and ensures that all parties understand the limits of their rights and responsibilities under the agreement.
THE RELEVANT MARKETS. ▇▇▇▇▇’▇ 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 ▇▇▇▇▇▇, low-priced port and low- priced ▇▇▇▇▇▇ 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 ▇▇▇▇▇▇
D. Low-Priced Port and Low-Priced ▇▇▇▇▇▇
E. High Color Concentrates
THE RELEVANT MARKETS. At the Presiding Officer’s suggestion, the parties focused discovery on four geographic regions, Chicago, Los Angeles/Long Beach, Memphis, and Savannah.4 As a result, analysis of the Respondents’ conduct with respect to participation in interoperable pools primarily concerns these four areas. The Chicago region was previously served by the Chicago & Ohio Valley Consolidated Chassis Pool LLC (“COCP”), an interoperable CCM pool. SUMF ¶ 23. However, ocean carriers entered contracts to be served by IEP proprietary pools instead of the COCP. At the end of 2019, only of the chassis in the COCP region remained in that interoperable pool that permitted limited choice, and the remainder were in proprietary pools without choice. Id. ¶ 30. As a result, the COCP collapsed, ceasing operations in . Id. ¶ 635. Only proprietary IEP pools exist in the Chicago region today. Id. ¶ 635. The region surrounding the intermodal rail facilities of Chicago, Illinois is a relevant geographic market. Id. ¶ 734. Los Angeles/Long Beach (“LA/LB”) is served by the POP, which began operation in 2015. Id. ¶¶ 45-46. There are approximately chassis in the POP, provided by DCLI, TRAC, and FlexiVan. Id. ¶¶ 30, 46. The POP is interoperable, meaning that motor carriers pick up whatever chassis is available from the pool, regardless of which IEP injected the chassis into the pool. Id. ¶ 48. However, at present, chassis usage is always assigned to the IEP with which an ocean carrier has a contract (for MH and CH movements) regardless of whose chassis was physically used—a practice referred to as “Box Rules.” Id. ¶¶ 48, 50. Thus, although the POP is interoperable, motor carriers or BCOs cannot exercise choice in MH movements by switching chassis billing assignment away from the designated IEP. Id. ¶ 50. Two of the sponsoring IEPs received a Business Review Letter from the DOJ Antitrust Division . Id. ¶¶ 47, 50; JSF ¶ 196. However, the POP has never adopted chassis choice. SUMF ¶ 50. Despite this, Respondent ocean carriers continue to participate in the POP. The region surrounding the port facilities at Los Angeles/Long Beach, California is a relevant geographic market. Id. ¶ 734. Memphis is served by the Mid-South Consolidated Chassis Pool LLC (“MCCP”), a CCM pool, as well as proprietary pools from DCLI and TRAC. Id. ¶ 646. As of January 2021, MCCP had chassis, while DCLI had and TRAC had in the region. Id. ¶ 636. While the MCCP is an interoperable gray pool, chassis are not interoperable among the...
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. 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.
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. 6.1.1 The Commission has defined the Relevant Markets by considering the Affected Routes that were provided by the Parties.
6.1.2 When defining the Relevant Markets, the Commission has opted to define the market through demand-side substitutability instead of through supply-side substitutability. The demand-side substitutability approach defines the market from a consumer perspective where it considers whether other options are substitutable to the product or service in question from the perspective of a consumer. Supply-substitutability adopts an airline perspective and the market is defined at network-level, taking into account airlines’ operating model (whether they are network carriers or point-to-point carriers) and the level of service (whether they are full-service carriers or low-cost carriers).
6.1.3 The Commission chose to define the markets through demand-side substitutability due to the fact that the demand-side, i.e. consumers, act as the most effective and immediate competitive constraint on airlines. It is also the most common approach adopted by other jurisdictions such as the EU, Singapore, Australia, and India. A supply- side perspective may see different city-pairs as within the same market if the cost of switching operations to a new and different city-pair is low enough to be negligible.
6.1.4 The Commission had applied a different methodology as compared to the Parties’ methodology where the Parties had asserted that the O&D pairs need not be confined to city-to-city or airport-to-airport pairs. The Commission, on the other hand, is of the view that there is a certain catchment area that needs to be considered when assessing the substitutability between airports and airports within different cities are generally not substitutable. This is because the Commission considers that passengers usually would want to travel on a specific city-pair and would not consider a different city-pair as substitutable. Following common practice in other jurisdictions, such as the EU, Singapore, and Australia, the market definition for scheduled air transport services is normally geographical and is defined as the O&D city-pair.5
6.1.5 Despite the general assumption that passengers would not substitute a city-pair for another in determining the demand-substitutability of airports, it is still necessary to assess each individual route and airport that the Parties operate in, and for all possible substitutes to be individually considered due to geographica...
THE RELEVANT MARKETS. PARAGRAPH SIX: The relevant line of commerce in which to analyze the of the acquisition is the distribution of multichannel video programming by cable television.
THE RELEVANT MARKETS. The relevant market for sugar for IPL is production of sugar in the state of Uttar Pradesh.
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. 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.