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US FTC requests adverse inferences in Tempur Sealy-Mattress Firm challenge

( November 21, 2024, 18:48 GMT | Official Statement) -- MLex Summary: The US Federal Trade Commission is requesting adverse inferences in its federal case seeking a preliminary injunction against the Tempur Sealy-Mattress Firm deal. In a redacted version of its Nov. 7 brief, the agency argues that a witness's refusal to answer questions, citing his rights under the Fifth Amendment, hampered the its ability to examine him, and he will not appear as a witness at the evidentiary hearing "despite his direct knowledge of key probative facts." The agency is seeking "narrow inferences" to contextualize documents they would have asked the witness about, and says the documents "show that in the course of meetings with Tempur Sealy’s CEO, Mattress Firm began to plan for scenarios that would limit or reduce Purple’s and Serta Simmons’s placement in Mattress Firm stores."See attached file....

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