People v. Tempur-Pedic, No. (N.Y. Sup. Ct., NY Cty. Mar. 29, 2010)

State filed suit against Tempur-Pedic, a mattress manufacturer, alleging resale price maintenance. The state did not sue under its antitrust statute, but rather under N.Y. Gen. Bus. Law § 369(a). The State alleged that Tempur-Pedic’s Retail Partner Agreement restrained discounting in a variety of ways. the trial court held that the state’s General Business law did not make resale price maintenance illegal, but only made contractual provisions embodying resale price maintenance uneforceable.

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