Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 26 FEBRUARY 2026

Fifth Circuit Administratively Stays Ruling Vacating FTC's Overhauled HSR Filing Requirements

Duane Morris LLP
Duane Morris LLP
Contributor
Explore more from Duane Morris LLP

The Fifth Circuit's order keeps the Federal Trade Commission's expanded Hart‑Scott‑Rodino ("HSR") premerger notification rule in effect for now and accelerates briefing on whether a stay should remain in place pending appeal.

United StatesAntitrust/Competition Law
Sean P. McConnell
Sean P. McConnell
Katherine Speegle
Katherine Speegle
Sarah O'Laughlin Kulik
Sarah O'Laughlin Kulik
Author LinkedIn connections

The Fifth Circuit's order keeps the Federal Trade Commission's expanded Hart‑Scott‑Rodino ("HSR") premerger notification rule in effect for now and accelerates briefing on whether a stay should remain in place pending appeal. Companies planning or undertaking HSR‑reportable transactions must continue to comply with the 2025 expanded filing form unless and until the Fifth Circuit orders otherwise.

Key Takeaways

  • The Fifth Circuit has granted an administrative stay of the Eastern District of Texas judgment that vacated the FTC's 2024 HSR overhaul rule.
  • The stay remains in place "until further order" of the Fifth Circuit, preserving the status quo while the court considers the FTC's motion for a stay pending appeal.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Right To Repair Alert: Deere & Company Reaches Settlement With FTC, States

The Federal Trade Commission and five State Attorneys General have reached a landmark settlement with Deere & Company in a year-and-a-half antitrust litigation over the agricultural equipment manufacturer's restrictions on repair resources. The stipulated order, if approved, will require Deere to provide farmers and independent repair providers with the same repair tools and technical resources available to authorized dealers for a period of ten years.
United StatesAntitrust/Competition Law
Axinn LLP
Axinn LLP
Article

New York-Presbyterian Hospital Ruling Signals Widening Antitrust Exposure For Hospital Contracting Practices

A federal court ruling against New York Presbyterian Hospital validates DOJ theories that market power can be proven through supracompetitive pricing rather than market share alone, and that exclusionary conduct is not required for antitrust claims. This decision expands potential antitrust exposure for hospital systems employing restrictive contracting practices like all-products provisions, anti-tiering terms, and gag clauses...
United StatesAntitrust/Competition Law
Crowell & Moring LLP
Crowell & Moring LLP
Article

Life Sciences Antitrust Quarterly Update Q3 2026

This quarterly update examines key antitrust developments in life sciences during Q3 2026, including the FTC's investigation of Boston Scientific's $14.5 billion Penumbra acquisition, the DOJ's record $250 million HSR penalty against KKR, and European regulatory actions involving Sanofi and Align Technology. The analysis also explores the UK's pro-innovation approach to healthcare AI regulation and its implications for the medical device industry.
GlobalAntitrust/Competition Law
Goodwin Procter LLP
Goodwin Procter LLP
Article

DHS Proposes $70,000 And $30,000 Fees For F-1 Optional Practical Training

The Department of Homeland Security has proposed a controversial new rule requiring SEVP-certified schools to pay substantial fees—$70,000 for a student's first Optional Practical Training recommendation and $30,000 for each subsequent OPT application, including STEM extensions. With only a 30-day comment period and potential annual costs reaching up to $16.5 billion across nearly 2,500 affected institutions, the proposed regulation is expected to face significant legal challenges if finalized.
United StatesImmigration
Duane Morris LLP
Duane Morris LLP
Article

SEC Proposes Rule Amendments To Expand Retail Access To Private Markets

The SEC has proposed sweeping amendments to expand retail investor access to private market strategies, including changes to performance-based compensation rules for registered investment advisers and modernization of the interval fund framework. The proposals also explore new credential-based pathways for individuals to qualify as accredited investors, potentially opening private offerings to a broader pool of eligible participants.
United StatesFinance and Banking
Duane Morris LLP
Duane Morris LLP