Federal Policy
Department of War Requires HSR Filings
March 23, 2026
The National Defense Authorization Act (NDAA) Section 857 mandates that certain mergers and acquisitions involving defense suppliers or critical national security technologies must submit a concurrent Hart-Scott-Rodino (HSR) filing to the U.S. Department of War (DOW) alongside filings with the Department of Justice (DOJ) and Federal Trade Commission (FTC). This new requirement enhances interagency review and oversight of defense-related transactions, aiming to safeguard national security interests by increasing scrutiny of defense sector consolidations.
- Procurement professionals and contractors involved in defense M&A must now coordinate filings with the DOW in addition to DOJ and FTC to comply with NDAA Section 857.
- This change indicates heightened regulatory oversight on defense supply chain transactions, potentially affecting deal timelines and due diligence processes.
- Companies should engage early with legal counsel and the DOW M&A Division to ensure proper notification and confidentiality protections, as the DOW applies the same confidentiality provisions as the HSR Act.
- Understanding this requirement is critical for defense contractors and investors to avoid delays or enforcement risks in strategic acquisitions affecting national security.
"DOW affords all submitted HSR Filings the same confidentiality provisions afforded by the HSR legislation."
— White & Case LLP
Agencies
U.S. Department of War, U.S. Department of Justice, Federal Trade Commission, Department of Defense, Department of Homeland Security