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 district court’s order pending appeal. In the order granting the temporary stay, the Fifth Circuit set an accelerated briefing schedule as to whether the stay will apply for the pendency of the appeal on the merits. The FTC filed its brief on February 18, 2026; business association plaintiffs/appellees’ response to the motion for stay pending appeal is due February 23; and the FTC’s reply is due February 26. The temporary stay keeps the 2024 rules and HSR form in effect as of now.
We will continue to provide updates as this matter progresses.
