Tempur-Pedic Again Survives Price-Fixing Allegations

Law360, New York (May 8, 2012, 4:57 PM EDT) -- Tempur-Pedic International Inc. on Tuesday again withstood price-fixing allegations stemming from its agreements forbidding retailers from discounting its mattresses, after a New York state appeals court ruled such contract provisions are not actionable in court.

The appellate division of the New York Supreme Court backed a lower court's findings that the state attorney general's office could not pin price-fixing allegations on the mattress manufacturer, saying the language of New York business law expressly leaves disputes related to resale price maintenance agreements off the table.

"The motion...
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