Tempur Sealy-Mattress Firm challenge by FTC revives customer-foreclosure theory of harm

By Ilana Kowarski (July 16, 2024) -- Tempur Sealy, a worldwide mattress supplier, and US acquisition target Mattress Firm are fighting a merger challenge by the Federal Trade Commission that revives a foreclosure theory of harm that the agency hasn’t presented in a merger trial for decades — a consolidated company's potential for restricting access by a rival to an essential customer base, thereby reducing competition....

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