Okla. Stat. tit. 36, § 36-984: Competitive market

Competitive Market.

A. A competitive market is presumed to exist for a line of

insurance unless the Commissioner, after a hearing, issues an order

stating that a reasonable degree of competition does not exist in

the market. The burden of proof in any hearing shall be placed on

the party or parties advocating the position that competition does

not exist. Any ruling that a market is not competitive shall

identify the factors causing the market not to be competitive. Such

order shall expire no later than one (1) year after issue unless

rescinded earlier by the Commissioner or unless the Commissioner

renews the rule after a hearing and a finding as to the continued

lack of a reasonable degree of competition. Any ruling that renews

the finding that competition does not exist shall also identify the

factors that cause the market to continue not to be competitive.

B. 1. In determining whether a reasonable degree of

competition exists within a line of insurance, the Commissioner

shall consider the following factors:

a. the number of insurers actively engaged in writing

coverage,

b. market shares of the leading writers and the changes

in market shares over a reasonable period of time,

c. existence of financial or economic barriers that could

prevent new firms from entering the market,

d. measures of market concentration and changes of market

concentration over time,

e. whether long-term profitability for insurers in the

market is reasonable in relation to industries of

comparable business risk, and

f. the relationship of insurers' costs to revenue over a

reasonable period of time.

2. All determinations by the Commissioner shall be made on the

basis of findings of fact and conclusions of law.

3. The ruling may be challenged in the district court.

C. The Commissioner shall monitor the degree and continued

existence of competition in this state on an ongoing basis. In

doing so, the Commissioner may utilize existing relevant

information, analytical systems and other sources, or rely on some

combination thereof. Such activities may be conducted internally

within the Insurance Department, in cooperation with other state

insurance departments, through outside contractors or in any other

appropriate manner.