Turbiditymeters have significantly different attributes than drinking water particle counters. For example, turbiditymeters cannot detect small quantities of microorganisms such as Cryptosporidium , as particle Page 5 counters can. And, unlike drinking water particle counters, turbiditymeters do not provide exact data for the size and number of particles in a given medium. Municipalities do not consider turbiditymeters to be substitutes for drinking water particle counters. B. Relevant Geographic Market 15.
Defendant sells drinking water particle counters to municipalities throughout the United States.
Using a measure of market concentration called the HHI, defined and explained in Appendix A, a combination of Pacific Scientific and Met One would increase substantially concentration in this already highly concentrated market. The drinking water particle counters manufactured and sold by Pacific Scientific and Met One are the best substitutes for each other. Competition between them has been instrumental in providing municipalities higher quality, Page 6 better service, and lower prices. It is unlikely that timely and sufficient entry of a new drinking water particle counter manufacturer in the market would prevent harm to competition caused by Pacific Scientific's acquisition of Met One. This acquisition is likely substantially to lessen competition and unreasonably to restrain trade in the market for drinking water particle counters in the United States, in violation of Section 7 of the Clayton Act and Section 1 of the Sherman Antitrust Act.