[§431:11-104.4] Competitive standard. (a) The commissioner may enter an order under section 431:11-104.5 with respect to an acquisition if there is substantial evidence that the effect of the acquisition may be to substantially lessen competition in any line of insurance in this State, or tend to create a monopoly therein, or if the insurer fails to file adequate information in compliance with section 431:11-104.3.
(b) In determining whether a proposed acquisition would violate the competitive standard of subsection (a), the commissioner shall consider the following:
Insurer A Insurer B
4% 4% or more
10% 2% or more
15% 1% or more; or
Insurer A Insurer B
5% 5% or more
10% 4% or more
15% 3% or more
19% 1% or more
(c) An order may not be entered under section 431:11-104.5(a) if: