Mississippi Code
Chapter 6 - Registration and Examination of Insurers
§ 83-6-22. Acquisitions involving insurers not otherwise covered

1. In no market would the combined market share of the involved insurers exceed five percent (5%) of the total market;
2. There would be no increase in any market share; or
3. In no market would:
a. The combined market share of the involved insurers exceeds twelve percent (12%) of the total market; and
b. The market share increase by more than two percent (2%) of the total market.
For the purpose of this subsection (2)(b)(iv), a market means direct written insurance premium in this state for a line of business as contained in the annual statement required to be filed by insurers licensed to do business in this state;
1. If the market is highly concentrated and the involved insurers possess the following shares of the market:
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2. Or, if the market is not highly concentrated and the involved insurers possess the following shares of the market:
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A highly concentrated market is one in which the share of the four (4) largest insurers is seventy-five percent (75%) or more of the market. Percentages not shown in the tables are interpolated proportionately to the percentages that are shown. If more than two (2) insurers are involved, exceeding the total of the two (2) columns in the table is prima facie evidence of violation of the competitive standard in paragraph (a) of this subsection. For the purpose of this item, the insurer with the largest share of the market shall be deemed to be Insurer A.
1. There is a significant trend toward increased concentration in the market;
2. One (1) of the insurers involved is one of the insurers in a grouping of large insurers showing the requisite increase in the market share; and
3. Another involved insurer's market is two percent (2%) or more.
1. The term "insurer" includes any company or group of companies under common management, ownership or control;
2. The term "market" means the relevant product and geographical markets. In determining the relevant product and geographical markets, the commissioner shall give due consideration to, among other things, the definitions or guidelines, if any, promulgated by the NAIC and to information, if any, submitted by parties to the acquisition. 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, 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;
3. The burden of showing prima facie evidence of violation of the competitive standard rests upon the commissioner.
1. Requiring an involved insurer to cease and desist from doing business in this state with respect to the line or lines of insurance involved in the violation; or
2. Denying the application of an acquired or acquiring insurer for a license to do business in this state.
1. Notice of the hearing is issued prior to the end of the waiting period and not less than fifteen (15) days prior to the hearing; and
2. The hearing is concluded and the order is issued no later than sixty (60) days after the date of the filing of the preacquisition notification with the commissioner.
Every order shall be accompanied by a written decision of the commissioner setting forth findings of fact and conclusions of law.
Insurer A Insurer B 4% 4% or more 10% 2% or more 15% 1% or more
Insurer A Insurer B 5% 5% or more 10% 4% or more 15% 3% or more 19% 1% or more