New HSR Rules Survive (For Now) Following A Texas Ruling Vacating Them On Constitutional Grounds

Key Takeaway

One year into the new, more complex filing regime under the Hart-Scott-Rodino (HSR) Act, the long-term viability of the changes remains in doubt, but for now, the updated rules will remain in force. On February 12, 2026, the US District Court for the Eastern District of Texas vacated the Federal Trade Commission's (FTC) recently revised HSR premerger notification rules, which had significantly expanded the scope of information required in connection with merger filings. The court concluded that the agencies had exceeded their statutory authority and had not adequately justified the expanded reporting requirements. Recognizing the immediate impact on ongoing transactions, the court temporarily stayed its own ruling to allow the FTC time to seek appellate relief (though only for a week).¹