Antitrust Enforcement During the Government Shutdown: What Businesses Need to Know

On October 1, 2025, the U.S. government shut down after lawmakers failed to reach agreement on a spending package, resulting in a lapse of federal funding.  Given the significant uncertainty around the length of the shutdown, firms should be aware of potential disruptions to U.S. antitrust enforcement.

The Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) have published contingency plans outlining the scope of each agency’s operations during the shutdown.¹  While both agencies will remain open to receive and review Hart-Scott-Rodino (“HSR”) premerger filings, other core agency functions—including conduct investigations, litigation, and consumer protection  enforcement—are significantly curtailed.

The FTC’s Premerger Notification Office will remain open but no staff will be available to respond to questions or provide guidance related to HSR submissions.  Additionally, the early termination of waiting periods will not be granted during the shutdown, potentially delaying clearance for transactions that would otherwise qualify.

Non-merger investigations at both agencies are effectively paused, with limited exceptions for matters at risk of being time-barred.  Most civil investigative activity, including subpoenas, depositions, and staff recommendations, is on hold.  In ongoing litigation, attorneys are directed to notify courts of the shutdown and seek stays for trial dates, hearings, and filing deadlines.  To the extent that courts deny the requested stays, a limited litigation team will remain to avoid adverse outcomes.

Firms involved in mergers or subject to antitrust investigations should closely monitor developments and plan for potential delays.  While some core agency functions remain operational, limited staffing and paused enforcement activity will lead to significant uncertainty in regulatory timelines and agency responsiveness.