Hart-Scott-Rodino (HSR) Filings Update - Fifth Circuit Denies Stay Pending Appeal - Pre-2025 HSR Form Restored
The Fifth Circuit denied a stay pending appeal regarding the vacatur of the new HSR Premerger Notification and Report Form.
We previously advised that on February 12, 2026, the U.S. District Court for the Eastern District of Texas in U.S. Chamber of Commerce, et al v. FTC, et al had vacated the new (February 17, 2025) HSR Premerger Notification and Report Form and related rules. The FTC appealed, and the Fifth Circuit issued an administrative stay of the vacatur "until further order of court," the effect of which was to temporarily preserve the new form's use while the appeal was adjudicated.... By: Saul Ewing LLP
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