Shorter and Simpler "Old" HSR Filing Form Is Back, Effective Immediately After the Fifth Circuit Denies FTC's Motion to Stay Order Vacating New HSR Form

March 20, 2026

In February, the U.S. District Court for the Eastern District of Texas issued a vacatur of the FTC rule implementing the New HSR Filing Form.  On March 19, 2026, the Fifth Circuit denied the FTC's motion for a stay pending an appeal of that decision.

While the full appeal plays out, and the possibility that the FTC considers a new rulemaking process to create yet another revised HSR filing form, parties can go back to relying on the less burdensome HSR filing form that was in effect prior to February 10, 2025.  Parties can also "voluntarily" continue to use the New HSR Filing Form.

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