1.51 General Standards
In evaluating horizontal mergers, the Agency will consider both the post-merger market
concentration and the increase in concentration resulting from the merger. Market concentration
is a useful indicator of the likely potential competitive effect of a merger. The general standards
for horizontal mergers are as follows:
a. Post-Merger HHI below 0.10. The Agency regards markets in this region to be
unconcentrated. Mergers resulting in unconcentrated markets are unlikely to have adverse
competitive effects and ordinarily require no further analysis.
b. Post-Merger HHI between 0.10 and 0.18. The Agency regards markets in this region to be
moderately concentrated. Mergers producing an increase in the HHI of less than 0.01 points
in moderately concentrated markets, post-mergers are unlikely to have adverse competitive
consequences and ordinarily require no further analysis. Mergers producing an increase in
the HHI of more than 0.01 points in moderately concentrated markets, post-mergers
potentially raise significant competitive concerns depending on the factors set forth in
Section 2-5 of the Guidelines.
c. Post-Merger HHI above 0.18. The Agency regards markets in this region to be highly
concentrated. Mergers producing an increase in the HHI of less than 0.005 points, even in
highly concentrated markets, post-mergers are unlikely to have adverse competitive
consequences and ordinarily require no further analysis. Mergers producing an increase in
the HHI of more than 0.005 points in highly concentrated markets, post-mergers potentially
raise significant competitive concerns, depending on the factors set forth in Section 2-5 of
the Guidelines. Where the post-merger HHI exceeds 0.18, it will be presumed that mergers
producing an increase in the HHI of more than 0.01 points are likely to create or enhance
market power or facilitate its exercise. The presumption may be overcome by a showing that
factors set forth in Section 2-5 of the Guidelines make it unlikely that the merger will create
or enhance market power or facilitate its exercise, in light of market concentration and
market shares.
Source: http://www.usdoj.gov/atr/public/guidelines/horiz_book/hmg1.html, June 2003.
Note: The appellations Herfindahl–Hirschman Index (“HHI”) or Herfindahl Index (“H”) are used
interchangeably. The DoJ expresses the Index in squared percent, for example (10%)2 = 100,
rather than (10%)2 = (0.10)2 = 0.01. With their units, the index is equal to 100 100 = 10,000
times the same index calculated in International Investments. To be consistent, we took the
liberty to transform their units into ours.
a. You consider an industry with numerous very small firms and five large firms. Their market
shares are as follows: