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==Problems== The usefulness of this statistic to detect monopoly formation is directly dependent on a proper definition of a particular market (which hinges primarily on the notion of substitutability). The index fails to take into consideration the complex nature of the market being tested.<ref>{{Cite web|last=Bromberg|first=Michael|title=Herfindahl-Hirschman Index (HHI) Definition, Formula, and Example|url=https://www.investopedia.com/terms/h/hhi.asp|date=November 21, 2022|access-date=January 19, 2023|website=[[Investopedia]]}}</ref> * For example, if the statistic were to look at a hypothetical financial services industry as a whole, and found that it contained 6 main firms with 15% market share apiece, then the industry would look non-monopolistic. However, suppose one of those firms handles 90% of the checking and savings accounts and physical branches (and overcharges for them because of its monopoly), and the others primarily do commercial banking and investments. In this scenario, the index hints at [[Dominance (economics)|dominance]] by one firm. The market is not properly defined because checking accounts are not substitutable with commercial and investment banking. The problems of defining a market work the other way as well. To take another example, one cinema may have 90% of the movie market, but if movie theaters compete against video stores, pubs and nightclubs then people are less likely to be suffering due to market dominance. * Another typical problem in defining the market is choosing a geographic scope. For example, firms may have 20% market share each, but may occupy five areas of the country in which they are monopoly providers and thus do not compete against each other. A service provider or manufacturer in one city is not necessarily substitutable with a service provider or manufacturer in another city, depending on the importance of being local for the business—for example, telemarketing services are rather global in scope, while shoe repair services are local. The United States federal anti-trust authorities such as the [[United States Department of Justice|Department of Justice]] and the [[Federal Trade Commission]] use the Herfindahl index as a screening tool to determine whether a proposed merger or acquisition is likely to raise antitrust concerns. Increases of over 0.01 (100) generally provoke scrutiny, although this varies from case to case. The [[United States Department of Justice Antitrust Division|Antitrust Division]] of the Department of Justice considers Herfindahl indices between 0.15 (1,500) and 0.25 (2,500) to be "moderately concentrated" and indices above 0.25 to be "highly concentrated".<ref name="dojhhi"/> However, these indices scores are not rigid guidelines that must be followed, while high levels of concentration is concerning, they indices scores provide ways to identify which mergers and acquisitions are potentially noncompetitive. There are other factors that need to be considered that will either help reinforce or counter the harmful effects of higher market concentration. The Herfindahl-Hirschman index is used as a starting point to gauge initial market power and then determine if additional information is needed to conduct further analysis on any potential anti-competitive concerns.<ref name="dojguidelines"/>
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