The Federal Trade Commission (FTC) suspended most operations at midnight on October 1, 2025, due to the government shutdown, but its Premerger Notification Office (PNO) remains open to accept filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR).
However, the PNO will not answer questions, provide filing guidance, or grant early termination of the HSR waiting period, which remains unaffected by the shutdown and runs as usual.
Furthermore, while filings will be accepted, it is unclear whether the FTC will have sufficient non-furloughed staff available to provide a substantive review of any HSR filing made during the government shutdown. According to the FTC’s most recent contingency plan, “only those lawyers, economists, and support staff necessary to continue pre-merger investigations with statutory deadlines and law enforcement litigation in order to protect the government’s interest in the legal positions it had advanced or where there would be a significant, immediate harm to life or property if such action were not continued or taken” will be excepted from furlough.
As the statutory HSR waiting period can always be extended through the issuance of a second request, transacting parties should carefully consider the implications of filing during the government shutdown.
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