FTC Releases Shutdown Plan, Will Continue To Accept HSR Filings

The Federal Trade Commission ("FTC") released a shutdown plan dated September 29, 2025, outlining how it will operate during this lapse in appropriations.

FTC Commissioners are presidential appointees and are excepted from furlough during the shutdown. According to the shutdown plan, furloughs will be issued on a rolling basis for the staff to properly address the agency's docket for competition, consumer protection, and other matters pending in litigation. The maximum number of excepted personnel will be 402 (34%) Commission-wide.

The Pre-Merger Notification Office ("PNO") will continue to accept and process Hart-Scott Rodino ("HSR") filings and will continue pre-merger investigations with statutory deadlines. The FTC's shutdown plan recommends continuing to file in the normal transaction timeframe. However, filers should not expect informal guidance and should anticipate reduced PNO hours.