On February 19, 2026, the US Court of Appeals for the Fifth Circuit granted the Federal Trade Commission’s (FTC) motion to temporarily stay the US District Court for the Eastern District of Texas’s order vacating the 2024 Hart-Scott-Rodino (HSR) Premerger Notification Rules “until further order” while the parties brief the FTC’s motion to stay the
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Federal court vacates FTC’s new HSR rules
On February 12, 2026, the US District Court for the Eastern District of Texas set aside and vacated the Federal Trade Commission’s (FTC) new premerger notification form and instructions. The 2024 Final Rule that amended the Premerger Notification Rules under the Hart-Scott-Rodino (HSR) Act, which became effective February 10, 2025, requires merging parties to submit…
DOJ and Postal Service bring first charges – and make first whistleblower payment – under new Whistleblower Rewards Program
On January 29, 2026, the US Department of Justice (DOJ) and United States Postal Service announced a $1 million payment to a whistleblower for reporting information about a criminal antitrust violation. The payment is the first under the DOJ’s and Postal Service’s new Whistleblower Rewards Program and was announced just six months after the program…
Indiana poised to become third state with “mini-HSR” regime
On January 21, 2026, the Indiana Senate Committee on Judiciary voted unanimously to advance Indiana’s version of the Uniform Antitrust Pre-merger Notification Act (the Act). Indiana is poised to become the third state with a “mini-HSR” regime, following Washington and Colorado in 2025. Pending passage by the full legislature and signature by the governor, the…
FTC increases 2026 thresholds for HSR filings and interlocking directorates
On January 14, 2026, the Federal Trade Commission (FTC) released increased jurisdictional thresholds, filing fee thresholds, and filing fee amounts for merger notifications made pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The FTC also revised thresholds for interlocking directorates under Section 8 of the Clayton Act. Read more about the changes…
FTC and DOJ will continue to accept HSR filings during impending shutdown
What happened? The Federal Trade Commission (FTC) announced this week that its Premerger Notification Office (PNO), along with the Department of Justice Antitrust Division Premerger Office, will remain open under modified conditions to accept and process Hart-Scott-Rodino (HSR) premerger notification filings in the event of a US federal government shutdown. While PNO staff will only…
Antitrust Under Trump: June 2025 Updates
The Trump administration‘s antitrust landscape continues to evolve, with a return to structural remedies, increased transparency in merger settlements, and skepticism toward innovation defenses in tech deals. The US Department of Justice (DOJ) and Federal Trade Commission (FTC) are also actively promoting faster merger reviews and emphasizing strong divestiture standards. Read more here.
The Fix Is In: FTC and DOJ Permit Structural Remedies for Two Major Tech Mergers
Recently, the Federal Trade Commission and the US Department of Justice both announced their acceptance of structural remedies to address competition concerns in two major tech mergers. The approval of these structural remedies indicates a more flexible approach by the Trump administration, allowing mergers to proceed with strong divestiture packages instead of outright blocking them.…
FTC Revives Orange Book Listing Challenges
By Elai Katz
On May 21, 2025, the Federal Trade Commission (FTC) issued its third round of warning letters – and its first under the Trump administration – against pharmaceutical manufacturers challenging their allegedly improper patent listings in the Food and Drug Administration’s Orange Book. The FTC’s action aims to ensure fair competition and lower healthcare costs by…
Washington State Enacts Merger Review Regime
Washington is the first state to enact the Uniform Antitrust Premerger Notification Act, which requires merging parties that submit a federal filing under the Hart-Scott-Rodino (HSR) Act to also submit the HSR filing to the Washington attorney general if the deal has a sufficient nexus to Washington. Many states have merger notification requirements for certain…