The ruling impacts those with HSR filings expected to be submitted on or after March 19, 2026.
The Fifth Circuit has denied the FTC’s motion for a stay pending appeal in Chamber of Commerce v. FTC (No. 26-40094). As a result, while the appeal proceeds, the “old” HSR form (in place prior to February 10, 2025) is in effect. The FTC confirmed that the district court’s judgment vacating the “new” HSR form is effective immediately and that the agency is now accepting filings using the “old” form and instructions. However, the FTC will continue to accept filings made pursuant to the “new” form and instructions that went into effect on February 10, 2025, should filers voluntarily decide to submit them. The FTC is in the process of updating its website and making relevant filing materials available soon.
