News & Events

Antitrust Partner Preston Miller was quoted in multiple mLex articles, which discussed Mattress Firm and Tempur Sealy’s recent win against the FTC in which Simpson Thacher advised Mattress Firm, when U.S. District Judge Charles Eskridge denied the FTC’s motion for a preliminary injunction to block Mattress Firm’s acquisition by Tempur Sealy. The articles further explored how the remedy package in this case could provide some precedent for future merging parties who are looking to propose divestitures further along in the proceedings. They also noted that the case could provide antitrust trial judges with a template for evaluating the validity of plaintiffs’ economic arguments and evidence, as the decision emphasized plaintiffs’ obligation to justify both their market definitions and their theories of harm using credible economic data.

To read the full articles, please click here, here and here (subscription required).