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Enforcement ActionLow RiskMultistate

FTC and States Sue to Block PlayPower–Burke Merger

PlayPower and BurkeOctober 19, 2026Colorado Attorney General

Summary

Colorado, the FTC, and a bipartisan group of state attorneys general filed suit to block PlayPower’s proposed acquisition of Burke, alleging the merger would reduce competition in the commercial playground equipment market. They ask the court to permanently enjoin the merger and award costs, attorneys’ fees, and other appropriate relief.

Remedy

The plaintiffs seek a permanent injunction preventing PlayPower and Burke from taking further steps to execute the proposed merger, as well as costs, attorneys’ fees, and any other relief the court deems proper. No monetary penalty is stated.

Injunction

Contract Impact

Review vendor and customer agreements in concentrated markets for change-of-control and assignment provisions, advance merger-notice obligations, and termination or consent rights if a counterparty is acquired. Check exclusivity, most-favored-nation, and pricing clauses for terms that could amplify market concentration or limit competitive alternatives, and assess supply-continuity and service commitments where a merger could reduce customer choice. This action concerns antitrust rather than privacy compliance, so it does not indicate a need to revise privacy-specific data-processing or breach-notification clauses.

Contract Search Terms

change-of-control clausemerger notification obligationassignment and consentexclusivity provisionmost-favored-nation pricingprice adjustment mechanismsupply continuity commitmenttermination right upon acquisition

Laws Cited

FTC ActClayton Act
Section 7 of the Clayton Act

Violation Types

Entity Details

Entity

PlayPower and Burke

Industry

Other

Multistate Coalition

Federal Trade CommissionArizona Attorney GeneralCalifornia Attorney GeneralIllinois Attorney GeneralNevada Attorney GeneralNorth Carolina Attorney GeneralOhio Attorney GeneralPennsylvania Attorney GeneralTennessee Attorney GeneralTexas Attorney GeneralWashington Attorney GeneralWisconsin Attorney General

Official Sources

Source Evidence

Entity Name
"proposed merger between PlayPower and Burke"
Laws Cited
"under the FTC Act and Section 7 of the Clayton Act"
Violation Description
"The complaint, filed in the U.S. District Court for the Northern District of California, alleges that the proposed merger is illegal under the FTC Act and Section 7 of the Clayton Act, a key federal antitrust law enacted to curb monopolies."
Remedy Summary
"permanently enjoin PlayPower and Burke from taking any further steps to execute the proposed merger, award costs and attorneys’ fees, and award any other relief the court may deem just and proper."

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