Update On New HSR Rule: FTC Continues To Defend And Implement This Biden-Era Rulemaking

On August 1, 2025, the US Chamber of Commerce (Chamber), joined by several trade associations, filed a motion for summary judgment in its lawsuit against the Federal Trade Commission (FTC), seeking to roll back the Commission's recently overhauled Hart-Scott-Rodino (HSR) premerger filing requirements, which took effect on February 10, 2025. The new HSR rule, which remains in full effect while the litigation plays out, marks the most significant update to the HSR framework since the statute's enactment in 1976.

As we discussed in a previous post, the revised requirements substantially increase the time, effort, and resources necessary to prepare a merger filing. For example, merging parties are now required to submit with their HSR filing narrative explanations of transaction rationale, strategic overlaps in products or supply chains, identities of key officers, directors, and additional information about certain minority investors, as well as top customer lists and