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In this article, first published in PLC Construction, James Clarke and Adam Wade-Baylis consider the judgment in Darchem Engineering Ltd v Bouygues Travaux Publics and another [2026] EWHC 220 (TCC).

On February 12, 2026, a federal district court in the Eastern District of Texas vacated the Federal Trade Commission’s new Hart‑Scott‑Rodino Act premerger notification form, concluding that in its 2025 comprehensive overhaul of the nearly 50-year old form, the agency exceeded its statutory authority and acted arbitrarily and capriciously under the Administrative Procedure Act. Although the court ordered the new form set aside, the Fifth Circuit has issued an administrative stay while it considers the FTC’s emergency motion for a stay pending appeal. As a result, the new HSR form remains in effect at this time. Parties preparing HSR filings should be aware that filing requirements may shift quickly depending on the Fifth Circuit’s forthcoming decision.