U.S. Federal Trade Commission building in Washington, D.C. Photo: Diego M. Radzinschi/ALM 'Strong' Legal Theory or 'Oxymoron'? Experts Eye FTC Antitrust Suit Against Mattress Merger
"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
Antitrust
The original version of this story was published on National Law Journal
What You Need to Know
- The FTC voted 5-0 to authorize the antitrust complaint opposing the $4 billion mattress merger.
- An antitrust legal theory of foreclosure underpins this FTC action against Tempur Sealy.
- Antitrust foreclosure arguments do not always prevail in court, history shows.
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.
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