Overview
- On March 19, 2026, the Fifth Circuit denied the FTC’s motion for a stay in Chamber of Commerce v. FTC, making the district court’s order vacating the new HSR form operative.
- The pre‑February 10, 2025 HSR form and instructions now govern, and the FTC confirmed it is immediately accepting filings on the old form.
- The FTC stated it will also accept voluntary submissions on the vacated 2025 form and is updating its website and filing materials for filers.
- A federal judge in the Eastern District of Texas had ruled in February 2026 that the 2024 HSR overhaul was arbitrary and capricious under the Administrative Procedure Act and set it aside.
- Filers currently face reduced initial disclosure burdens, though the FTC and DOJ can still request additional information during waiting periods, and the appeal on the merits remains pending.