DOJ Resumes Targeted Hart-Scott-Rodino Merger Reviews
The DOJ resumed its targeted HSR merger review process on August 13, 2026.
Why it matters: Legal teams need to adapt to this renewed DOJ focus to manage merger compliance risks and timing effectively.
- The DOJ announced the resumption of targeted HSR merger reviews as of August 13, 2026.
- The Hart-Scott-Rodino Act requires detailed filing and waiting periods for certain mergers, originally enacted in 1976.
- The DOJ and FTC released updated draft Merger Guidelines in July 2023, emphasizing labor markets and platform competition.
- The FTC finalized expanded HSR premerger notification rules in late 2024, effective February 2025, reflecting greater documentation requirements.
The Department of Justice (DOJ) announced on August 13, 2026, that it has resumed its targeted merger review process under the Hart-Scott-Rodino (HSR) Act, signaling heightened regulatory scrutiny of potentially anti-competitive mergers. The HSR Act, enacted in 1976, mandates that parties to certain mergers and acquisitions submit detailed notifications to the DOJ and the Federal Trade Commission (FTC), followed by a waiting period before closing the deal. More on DOJ's announcement.
Leading up to this resumption, the DOJ and FTC jointly issued draft Merger Guidelines in July 2023, designed "to better reflect how the agencies determine a merger’s effect on competition in the modern economy and evaluate proposed mergers under the law," according to attorney Daniel N. Anziska. These guidelines notably expanded the agencies' evaluation criteria to include impacts on labor markets and platform competition, reflecting evolving economic considerations. The agencies described the guidelines as building "on decades of agency expertise to reflect significant advancements in the law and fundamental changes in our economy." Draft Guidelines Fact Sheet.
Further regulatory updates include the FTC's finalized rule amendments to the HSR premerger notification requirements, which took effect in February 2025. These amendments expanded the scope of required information and formalized documentation standards, ensuring that merger parties provide more comprehensive disclosures for regulatory review. These steps underscore the agencies’ increasing rigor in scrutinizing mergers prior to completion. Details on FTC's amended notification rules.
For legal professionals advising on mergers or involved in antitrust compliance, this renewed DOJ focus requires revisiting filing strategies and risk assessments. Understanding the updated guidelines and notification requirements will be essential for managing the timing and substance of merger reviews in this evolving regulatory landscape.
By the numbers:
- 1976 — Year the Hart-Scott-Rodino Act was enacted
- July 19, 2023 — DOJ and FTC released draft Merger Guidelines for public comment
- February 10, 2025 — Effective date of expanded FTC HSR premerger notification rules
Yes, but: Specific implementation details and impacts on individual pending mergers have not yet been disclosed, leaving some uncertainty for practitioners.
What's next: Stakeholders should monitor further DOJ or FTC announcements clarifying targeted review procedures and enforcement priorities.