FTC Reverts to “Old” HSR Form After Fifth Circuit Denial of FTC Stay Motion

The ruling impacts these with HSR filings anticipated to be submitted on or after March 19, 2026.

By Kyra K. Bromley, Patrick C. Englishand Peter M. Todaro

The Fifth Circuit has denied the FTC’s movement for a keep pending attraction in Chamber of Commerce v. FTC (No. 26-40094). As a end result, whereas the attraction proceeds, the “old” HSR kind (in place prior to February 10, 2025) is in impact. The FTC confirmed that the district courtroom’s judgment vacating the “new” HSR kind is efficient instantly and that the company is now accepting filings utilizing the “old” kind and directions. However, the FTC will proceed to settle for filings made pursuant to the “new” kind and directions that went into impact on February 10, 2025, ought to filers voluntarily determine to submit them. The FTC is within the course of of updating its web site and making related submitting supplies accessible quickly.

The speedy takeaway is that filers could put together and submit filings underneath the pre-February 2025 kind and directions now. However, filers who’ve already ready submissions underneath the brand new kind should still submit them voluntarily, offering optionality for transactions deep within the submitting course of. Filers ought to proceed to monitor the FTC’s web site for up to date submitting supplies and additional alerts, together with the likelihood that the FTC will search emergency reduction from the Supreme Court.

For further data, see this Latham blog post.