UPDATE: Plaintiffs Do Not Oppose FTC and DOJ Request for Time to Review What Changes They Need to the HSR Filing Process and Having Court Hold Appeal in Abeyance Until December 31, 2026

Why It Matters

Pausing the appeal gives regulators breathing room to fine‑tune reporting requirements, preserving filing certainty for businesses and avoiding fragmented litigation.

Key Takeaways

• FTC/DOJ seek to pause appeal until Dec 31 2026
• Plaintiffs unopposed; agencies reviewing HSR rule revisions
• Pre‑Feb 2025 HSR form reinstated for all filings
• Comment deadline May 26; agencies will report progress bi‑monthly

Pulse Analysis

The Hart‑Scott‑Rodino Antitrust Improvements Act, commonly known as HSR, governs pre‑merger notifications for transactions exceeding set thresholds. In early 2025 the FTC introduced a revamped filing form intended to modernize data collection, but a February 2026 district‑court decision vacated the new form, triggering an appeal that has now been placed on hold. This legal back‑and‑forth underscores the delicate balance regulators must strike between enhancing transparency and avoiding undue burdens on dealmakers.

The current motion, unopposed by the Chamber of Commerce, reflects the FTC and DOJ’s strategic decision to pause judicial review while they solicit stakeholder input on potential rule tweaks. A comment window closes on May 26, after which the agencies will issue bi‑monthly status reports and aim to finalize any revisions by the end of 2026. Officials, including FTC Chair Andrew Ferguson, have signaled a willingness to make “deeper cuts” to the reporting requirements, suggesting that the forthcoming rule could be leaner and more focused on material risk factors.

For businesses, the immediate effect is a return to the pre‑2025 HSR form, ensuring that merger filings can proceed without interruption. While the thresholds and filing obligations remain unchanged, companies should monitor the comment process and be prepared for possible adjustments to the form’s data fields. The ultimate outcome will hinge on the Fifth Circuit’s merits review, but the temporary hold offers a window of stability, allowing deal teams to plan transactions with greater confidence while the agencies work toward a refined, industry‑friendly reporting framework.