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ARTICLE · 01 APRIL 2026

FTC And DOJ Seek Public Comment On Premerger Form

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The Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division (DOJ, and together with the FTC, the Agencies)...

United StatesAntitrust/Competition Law
Leo Caseria
Leo Caseria
Jared P. Nagley
Jared P. Nagley
Malika Levarlet
Malika Levarlet
Richard Flannery
Richard Flannery
Isaiah H. Smith
Isaiah H. Smith
Carly Eisenberg Hoinacki
Carly Eisenberg Hoinacki
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The Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division (DOJ, and together with the FTC, the Agencies) announced earlier this week that they are seeking public comment1 concerning the effectiveness of the February 2025 Hart-Scott-Rodino Act (HSR) premerger notification form (the “Updated Form”), which was recently vacated by the United States District Court for the Eastern District of Texas. The vacatur has resulted in a return to the previous iteration of the HSR form after the Fifth Circuit denied a motion to stay the District Court’s order pending appeal.2 The Agencies’ request comes while the challenge to the Updated Form is still pending on the merits in the Fifth Circuit. 

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