Faven Getahun

On March 19, the U.S. Court of Appeals for the Fifth Circuit reversed course and denied the Federal Trade Commission’s (FTC) motion for a stay pending appeal of a District Court decision striking down the “new” Hart-Scott-Rodino (HSR) premerger notification form. Merging parties may now use the less burdensome form that was in effect before Feb. 10, 2025, to submit their premerger notifications. The FTC is also accepting submissions using the new form on a voluntary basis in the meantime.

[co-authors: Leah Martin, Sophia Faram] Merging parties must continue to use the new Hart-Scott-Rodino (HSR) form until further notice. On Feb. 19, the U.S. Court of Appeals for the Firth Circuit temporarily stayed a lower court’s ruling that vacated the new HSR rules that had significantly expanded filing requirements for merging parties.

[co-author: Bianca Londres] Beginning Jan. 1, 2027, the California Uniform Antitrust Premerger Notification Act will require certain parties to file electronic copies of their federal Hart-Scott-Rodino (HSR) forms with the California attorney general.