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ARTICLE · 25 FEBRUARY 2026

New HSR Rule Struck Down And Vacated

Ballard Spahr LLP
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On February 12, 2026, a federal district court vacated the Federal Trade Commission's current rule governing filings under...

United StatesAntitrust/Competition Law
Jason Leckerman
Jason Leckerman
Christopher Wyant
Christopher Wyant
Habiba Cheema
Habiba Cheema
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Summary

On February 12, 2026, a federal district court vacated the Federal Trade Commission's current rule governing filings under the Hart-Scott-Rodino (HSR) Act, which established the federal premerger notification program. The ruling sets the stage for a legal battle that will impact companies involved in transactions subject to an HSR filing.

The Upshot

  • The new HSR rule went into effect last year, significantly expanding the categories of information that parties need to disclose to antitrust enforcement agencies before consummating mergers or acquisitions that meet certain size thresholds.
  • Longview Chamber of Commerce, Chamber of Commerce of the United States of America, American Investment Council, and Business Roundtable challenged the new HSR rule under the Administrative Procedure Act (APA) in federal district court in Texas.

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