NY Says Tempur-Pedic Resale Policy Amounts To Price Fixing

Law360, New York (April 17, 2012, 8:07 PM EDT) -- A New York state prosecutor asked a state appeals court Tuesday to prohibit Tempur-Pedic International Inc. from refusing to work with retailers who undercut the mattress maker's suggested retail price.

State Assistant Solicitor General Steven C. Wu told a five-judge panel of the Appellate Division of New York Supreme Court, First Judicial Department, during a hearing Tuesday that a lower court wrongly dismissed the state's suit against Tempur-Pedic.

Tempur-Pedic had a policy of telling retailers that it would no longer allow them to sell its foam...
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