Case Details

Year Initiated/Committed

2026

Year Resolved

2026

Court

District Court for the Northern District of California

Docket Number

3:26-cv-12072

Lead State

AZ, CA, CO, IL, NC, NV, OH, PA, TN, TX, WA, WI

Participating States

AZ, CA, CO, IL, NC, NV, OH, PA, TN, TX, WA, WI

Defendant(s)

Platinum Equity Advisors, LLC; Platinum Equity Capital Partners VI, L.P.; and Advance Holdings II, LLC; PlayPower Holdings, Inc.; PlayPower, Inc.; BCI Acquisitions, Inc.; BCI Burke
Company, LLC; Bertram Growth Capital IV, L.P.; Bertram Growth Capital IV-A, L.P.; Bertram Capital Management, LLC

Case Description

In October 2026, the Plaintiff States and FTC filed a complaint seeking a permanent injunction to prevent Platinum Equity and its PlayPower entities from acquiring Burke from Bertram Capital. The complaint alleges that Burke is one of PlayPower’s closest competitors for the manufacture of commercial outdoor playground equipment, and that, as a result, the proposed transaction would threaten higher prices, lower quality and service, and diminished innovation for school, parks, churches and other commercial outdoor playground customers.

The complaint alleges that the proposed transaction would increase concentration in a national market for commercial outdoor playground equipment, stating that the resulting firm that would have over a 30% market share and it would exceed the Herfindahl-Hirschman Index thresholds that indicate that a merger is presumptively illegal under the 2023 U.S. Department of Justice and FTC Merger Guidelines. The complaint also states that PlayPower and Burke are close head-to-head competitors, competing intensely on price, innovation, quality, safety and customer service. The complaint brings claims under the FTC Act and Section 7 of the Clayton Act.