“The likelihood and degree of potential foreclosure is significant, as shown by Tempur Sealy’s internal documents, its past attempts to exclude other suppliers from Mattress Firm, and the projections of third-party investors,” the FTC alleges in its antitrust complaint attempting to block the proposed mattress merger.
July 08, 2024 at 05:45 PM
5 minute read
The original version of this story was published on National Law Journal
The antitrust theory known as “foreclosure” could determine whether mattress manufacturer Tempur Sealy is allowed to complete its proposed $4 billion acquisition of retailer Mattress Firm.
The Federal Trade Commission has a “pretty solid” basis for opposing Tempur Sealy’s proposed vertical merger, according to antitrust law scholar Harry First, but another antitrust expert suggests it could be “challenging” for the FTC to win the foreclosure argument in court.
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U.S. Federal Trade Commission building in Washington, D.C. Photo: Diego M. Radzinschi/ALM
