An attorney general’s investigation of the dining cruise market in New York Harbor indicated that Hornblower Group, Inc. had
obtained dominance in New York City’s dining cruise market through its acquisition of Entertainment Cruises. The investigation also confirmed that while other already-existing dining cruise operators wished to expand their operations into New York City, they were unable to do so due to a lack of available dock space in the city. Investigators concluded that opening up one of Hornblower’s prime Manhattan piers to a new dining cruise operator would likely remedy the harm created by the acquisition.
Under an assurance of discontinuance, Hornblower agreed to immediately permit a new competitor, Cornucopia, to enter the New York City dining cruise market by allowing Cornucopia to pick up and drop off dining cruise passengers at Pier 40 in Manhattan and agreed to subpermit 600 linear feet of dock space, and several thousand square feet of interior space at Pier 40. These commitments are designed to ensure that Cornucopia will be able to compete on a level playing field in the New York City dining cruise market. Hornblower has also agreed to the appointment of a trustee, if necessary, to ensure compliance with the terms of the settlement.