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24 March 2026

Fifth Circuit Denies FTC Stay: Pre‑2025 HSR Form Back In Effect

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Herbert Smith Freehills Kramer LLP

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Today, the 5th Circuit Court of Appeals denied the FTC’s request for a stay pending appeal of the district order striking down the new HSR form. The old form - the simpler and less burdensome form that was in effect...
United States Corporate/Commercial Law
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Today, the 5th Circuit Court of Appeals denied the FTC’s request for a stay pending appeal of the district order striking down the new HSR form. The old form - the simpler and less burdensome form that was in effect until February 2025 - has gone back into effect. The FTC has announced that it is accepting filings using the old form effective immediately.  

We continue to monitor developments in the Chamber of Commerce’s challenge to the new HSR form.  Our earlier coverage of the litigation is here.  

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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