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US FTC didn't show HSR rule's claimed benefits 'reasonably outweigh' costs, court says

( February 13, 2026, 02:12 GMT | Official Statement) -- MLex Summary: The US Federal Trade Commission final rule over a new premerger notification rule exceeds the the agency's statutory authority because it has not shown that the rule’s claimed benefits will “reasonably outweigh” its significant and widespread costs, a Texas federal judge said. In a memorandum opinion that found for plaintiff the US Chamber of Commerce, US District Judge Jeremy Kernodle said the Final Rule is also "arbitrary and capricious" as the FTC failed to consider an important aspect of the problem, namely that the rule’s benefits “bear a rational relationship” to its costs. "Though the FTC asserts that the Rule will detect illegal mergers and save agency resources, the FTC fails to substantiate these assertions. The FTC also did not adequately explain its rejection of less costly and burdensome alternatives," Kernodle said as he set aside and vacated the rule.See attached document...

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