July 3 (Reuters) - A closely-watched lawsuit seeking to
block Tempur Sealy's ( TPX ) $4.3 billion acquisition of retail giant
Mattress Firm will pit veteran antitrust defenders against a
U.S. Federal Trade Commission team led by a former longtime
Latham & Watkins attorney who joined the agency this year.
Bed manufacturer Tempur Sealy ( TPX ) has turned to Cleary
Gottlieb Steen & Hamilton, including partner Bruce Hoffman, and
Mattress Firm is working with Simpson Thacher & Bartlett, whose
team includes Sara Razi, co-leader of the firm's antitrust and
trade regulation group, court records show.
The FTC on Tuesday sued in Houston federal court to stop
Tempur Sealy's ( TPX ) merger, which the agency said would lead to
potential job losses for manufacturing workers and cause
consumers to pay higher prices.
The FTC's Allyson Maltas, who left Latham in January for a
senior trial counsel post at the agency, is in charge of the
agency's case.
Maltas, Hoffman and Razi had no immediate comment or did not
respond to a request for one.
The FTC's lawsuit stands out as a rare litigated "vertical"
merger challenge. U.S. antitrust enforcers have struggled in
court to block such mergers, since the deals involve companies
that do not compete against each other head-on.
FTC competition bureau director Henry Liu said in a
statement on Tuesday that Tempur Sealy's ( TPX ) aim was "to kneecap
competitors and dominate the market."
Lexington, Kentucky-based Tempur Sealy ( TPX ) in a statement said
the bedding industry was highly competitive and that Mattress
Firm accounted for only a fraction of the retail market.
Cleary Gottlieb's Hoffman served as FTC competition bureau
director from 2017 until 2019, supervising antitrust
enforcement. In 2012 while at another firm, Hoffman was counsel
to Universal Music Group in its $1.9 billion acquisition of EMI
Music's recorded music business.
Razi was on the Simpson Thacher team that successfully
defended Change Healthcare in a Justice Department antitrust
lawsuit in 2022 targeting UnitedHealth's acquisition of the
company as unlawful.
Maltas was on the Latham team defending American Airlines in
a Justice Department antitrust action in Massachusetts before
leaving the firm.
Tempur Sealy ( TPX ) said it anticipated successfully resolving the
litigation in the coming months and completing its deal later
this year or in early 2025.
The case is Federal Trade Commission v. Tempur Sealy
International Inc. ( TPX ) et al, U.S. District Court for the Southern
District of Texas, No. 4:24-cv-02508.
Read more:
US legal team in Live Nation lawsuit includes veteran
plaintiffs' attorney
Amazon has deep bench of defense lawyers to fight US FTC
lawsuit