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  In United States v. Baker Hughes, Inc., 908 F.2d 981, 982-83, 285 U.S. App. D.C. 222 (D.C. Cir. 1990), the U.S. Court of Appeals for the D.C. Circuit established a burden-shifting framework for evaluating the FTC's likelihood of success on the merits. See Heinz, 246 F.3d at 715. The government bears the initial burden of showing the merger would result in 'undue concentration in the market for a particular product in a particular geographic area.' Baker Hughes, 908 F.2d at 982. Showing that the merger would result in a single entity controlling such a large percentage of the relevant market so as to significantly increase the concentration of firms in that market entitles the government to a presumption that the merger will substantially lessen competition. Id.


The burden then shifts to the defendants to rebut the presumption by offering proof that 'the market-share statistics [give] an inaccurate account of the [merger's] probable effects on competition in the relevant market.' Heinz, 246 F.3d at 715 (quoting United States v. Citizens & S. Nat'l Bank, 422 U.S. 86, 95 S. Ct. 2099, 45 L. Ed. 2d 41 (1975) (alterations in original)). 'The more compelling ...

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