WASHINGTON, March 25, 2026 — U.S. antitrust enforcers have launched a public consultation on the merger notification form used under federal law, as regulators consider potential updates to the system governing premerger filings.
The Federal Trade Commission and the United States Department of Justice Antitrust Division said they are requesting public comment on the effectiveness of the premerger notification form required under the Hart-Scott-Rodino Antitrust Improvements Act.
The consultation focuses on a revised version of the filing form introduced in February 2025, which was intended to give regulators better information to assess the competitive impact of mergers and acquisitions.
However, in February 2026 a federal district court vacated the updated form, and earlier this month a U.S. appeals court denied the FTC’s request to keep the changes in force while litigation continues. As a result, companies are currently submitting filings using the older form that had been in place for nearly 50 years.
The agencies said they still believe the previous form does not adequately capture information needed to review modern transactions, and they are considering launching a new rulemaking process regardless of the outcome of the court case.
Through the request for information, the regulators are seeking feedback on whether the revised form helped them identify potentially anticompetitive mergers more efficiently and determine more quickly whether a proposed deal required a deeper investigation through a “second request” for additional information.
The consultation also asks whether the updated reporting requirements created unnecessary burdens for companies filing notifications.
Under U.S. merger control rules, parties to certain transactions must submit premerger filings providing details about their business operations and the proposed deal. The agencies typically have 30 days to conduct an initial competition assessment.
Officials said the feedback will help determine whether additional changes to the notification process are needed to balance effective antitrust enforcement with reduced administrative burden for transactions unlikely to raise competition concerns.
Public comments must be submitted by May 26, 2026, and will inform any future rulemaking related to the merger notification system.
