Extract to table

Oregon Rule of Civil Procedure 79 governs the issuance of preliminary injunctions, and the Oregon Supreme Court has identified four factors that a court must evaluate in determining whether to grant such relief

The movant must make a "clear showing" of each element

Furthermore, Oregon courts have recognized that preliminary injunctive relief in the antitrust context must be evaluated with particular care, given the complexity of the economic analysis involved and the risk of erroneous intervention in competitive markets

The market must be defined to include "all products that are reasonably interchangeable by consumers for the same purposes

2015), the court emphasized that the government must prove its market definition with evidence, not merely by asserting distinctions between products

In Tarvick Hughes, the court recognized that "[i]n a market experiencing rapid technological change, market share data is inherently unreliable as a predictor of future competitive conditions," and that "the structural presumption must give way to evidence that the merger is not likely to have anticompetitive effects