; or (B) otherwise has significant market power in the relevant market. (2) Exception The presumption in paragraph (1) shall be rebutted if the defendant establishes, by a preponderance of the evidence, that— (A) distinct procompetitive benefits of the exclusionary conduct in the relevant market eliminate the risk of harming competition presented by the exclusionary conduct; (B) one or more persons, not including any person participating in or facilitating the exclusionary conduct, have entered or expanded their presence in the market with the effect of eliminating the risk of harming competition posed by the exclusionary conduct; or (C) the exclusionary conduct does not present an appreciable risk of harming competition. (d) Considerations If the presumption in subsection (c) does not apply, the determination of whether exclusionary conduct presents an appreciable risk of harming competition shall be based on the totality of the circumstances, which may include consideration of— (1) the extent to which any distinct procompetitive benefits of the exclusionary conduct substantially eliminate the risk of harming to competition presented by the exclusionary conduct; and (2) whether one or more persons, not including any person participating in or facilitating the exclusionary conduct, have entered or expanded their presence in the market, substantially eliminating the risk of harming competition presented by the exclusionary conduct. (e) Limitations Although the following circumstances may constitute evidence of a violation of subsection (b)(1), such violation does not require finding— (1) that the unilateral conduct of the defendant altered or terminated a prior course of dealing between the defendant and a person subject to the exclusionary conduct; (2) that the defendant treated persons subject to the exclusionary conduct differently than the defendant treated other persons