The Justice Department generally challenges any merger that meets the following two conditions: (1)the post-merger HHI exceeds 1, 800 and (2)the merger increases the index by more than 100 points.

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This is the standard the Justice Department uses to determine whether a merger will lead to potential antitrust concerns. If the post-merger HHI (Herfindahl-Hirschman Index) exceeds 1,800 and the merger increases the index by more than 100 points, it is likely to draw scrutiny from the Justice Department.

The Justice Department Generally Challenges Any Merger That Meets the Following