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HSR Filings Continue During Shutdown as FTC, DOJ Scale Back and CFIUS Pauses Reviews

Reduced PNO hours plus lack of informal guidance create timing risk for dealmakers.

Overview

  • The FTC and DOJ are accepting Hart-Scott-Rodino filings and statutory waiting periods continue to run, but early termination will not be granted.
  • The FTC’s Premerger Notification Office is online from 9 a.m. to 1 p.m. ET, offers no informal guidance, and honors the standard rule that submissions after 5 p.m. are filed the next business day.
  • Roughly 60% of DOJ Antitrust Division staff and about 50% of the FTC Bureau of Competition remain on duty, pointing to slower reviews and reduced responsiveness.
  • Agencies are more likely to encourage pull-and-refile or issue Second Requests, increasing the chance of extended waiting periods and delayed closings.
  • CFIUS has suspended active reviews with deadlines tolled, so filings may be submitted but should not be expected to be accepted or acted upon until operations resume.