Tokheim control almost ninety percent of the United States market, their common use of exclusive dealing arrangements constitutes an industry-wide practice. 3. Proportion of Affected Commerce in Comparison to Entire Market The proportion of the market for retail petroleum dispensers affected by Gilbarco’s exclusive dealing policies is significant. The majority recognizes that Gilbarco’s exclusive dealing to distributors affected thirty-eight percent of all retail petroleum dispensers sold in the United States. If we look to the relevant market-the sale of retail petroleum dispensers to small independent buyers-the percentage is even higher. A market foreclosure of thirty-eight percent or more is enough to make a § 3 Clayton Act violation a possibility. See Twin City, 676 F.2d at 1304 (<HOLDING>). 4. Probable Effect of the Exclusive Dealing
holding that the deadline under the grace period was april 24 1997 holding that a foreclosure judgment was not subject to federal review under rookerfeldman and noting that the fact that plaintiff alleges that the foreclosure judgment was procured by fraud and conspiracy does not change that result holding that debtors allegation that mortgage holder failed to provide him with the statutorily required notice of foreclosure was sufficient to state a claim for wrongful foreclosure holding that a failure to comply with the foreclosure statutes invalidates a foreclosure sale holding that 24 foreclosure was substantial under the facts of that case