Antitrust Agency Enforcement Round-Up: September/October 2025

The Department of Justice's Antitrust Division ("DOJ") and the Federal Trade Commission ("FTC" or the "Commission") have been shut down as of October 1 for all but ongoing litigation and time-sensitive matters because of the federal budget impasse; prior to the shutdown, the FTC announced a few interesting enforcement actions that we believe attempt to advance the law towards a more aggressive interpretation of Section 5 of the FTC Act and Section 7 of the Clayton Act.

A. Hart-Scott-Rodino Act / Merger Notification Filings and Antitrust Investigations Status During Government Shutdown

The premerger notification offices of both the FTC and the DOJ are open and accepting Hart-Scott-Rodino merger notification filings; the statutory deadlines for review of those filings – generally 30 days – has not been tolled by the budget impasse. However, parties to transactions likely will find some delays in the review of their new merger notification filings as the agency