US FTC challenge of playground deal tests novel legal theories

By Ilana Kowarski and Khushita Vasant ( October 19, 2026, 22:09 GMT | Comment) -- The US Federal Trade Commission’s challenge to a merger between two rival outdoor commercial playground builders — PlayPower and BCI Burke — includes several novel antitrust theories of harm from the 2023 national merger guidelines that have rarely been tested in court since the guidelines’ publication by the FTC and Department of Justice Antitrust Division.The US Federal Trade Commission’s challenge to a merger between two rival outdoor, commercial playground builders — PlayPower and BCI Burke — includes several novel antitrust theories of harm from the 2023 national merger guidelines that have rarely been tested in court since the guidelines’ publication by the FTC and Department of Justice Antitrust Division....

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