Global mattress maker Tempur Sealy International, Inc. has filed a complaint in the United States District Court for the Southern District of Texas seeking an injunction against the Federal Trade Commission’s (FTC) administrative proceeding challenging the Company’s merger with Mattress Firm Group Inc.

The action filed asks the Southern District of Texas to prevent the FTC from challenging the merger via its own separate administrative proceeding in addition to the federal court proceeding that is pending in the Southern District of Texas, as it violates constitutional protections.

The Company’s agreement to acquire Mattress Firm is already being challenged in federal court by the FTC, with the hearing scheduled to begin on 12 November 2024, and expected to last two weeks.

Scott Thompson, Tempur Sealy Chairman and CEO, commented: “The bedding industry is highly competitive, including thousands of brick-and-mortar storefronts and a vast online marketplace. The combination of Tempur Sealy and Mattress Firm will deliver incremental benefits to consumers and opportunities for employees, from enhanced product innovation to an improved customer buying experience and strengthening the entire financial position for the company. We intend to vigorously defend our transaction in the upcoming trial in federal court, which is the proper forum to address this issue.”

The Company continues to believe that a successful litigation process can be completed in the coming months, which would allow the transaction to close in late 2024 or early 2025, consistent with previous expectations.