Tempur Sealy and Mattress Firm Expand Concessions to Address FTC Merger Concerns

Tempur Sealy International Inc. and Mattress Firm have made significant adjustments in their ongoing effort to counteract the Federal Trade Commission’s (FTC) opposition to their proposed merger. The two companies have now agreed to allocate more space in Mattress Firm stores for rival products, a move designed to address concerns regarding competitive fairness. This latest concession is part of an attempt to secure approval for their $4 billion deal from the FTC, which has expressed concerns about potential disruptions to pre-merger market conditions.

The commitment to designate more floor space for competing brands marks a key strategy shift in response to questions raised by the court. During the litigation’s closing phases, the judge highlighted the potential for the existing agreement to modify market dynamics adversely. In particular, the allocation of store space was noted as a point of contention that could unfavorably alter competitive equilibrium if the merger proceeded according to initial terms.

The companies had initially promised to ensure at least 20% of Mattress Firm’s showroom space would remain available to other mattress brands. However, following the judge’s reservations and the FTC’s persistent challenges, Tempur Sealy and Mattress Firm have decided to expand these commitments.

For further information on the developments regarding the FTC’s case and the potential implications for the mattress industry, more details can be viewed here.