PEOPLE v. TEMPUR-PEDIC INTERNATIONAL, INC.

Nos. 7572, 400837/10.

95 A.D.3d 539 (2012)

944 N.Y.S.2d 518

2012 NY Slip Op 3557

THE PEOPLE OF THE STATE OF NEW YORK, by ANDREW M. CUOMO, Attorney General of State of New York, Appellant, v. TEMPUR-PEDIC INTERNATIONAL, INC., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 8, 2012.


Following a complaint from a consumer, OAG launched an investigation that culminated in the instant petition, which alleged that Tempur-Pedic violated General Business Law § 369-a by entering Resale Price Maintenance agreements (RPM) with its retailers, setting the price of their products at an artificially high rate.

The motion court, in denying the petition and granting Tempur-Pedic's motion to dismiss, first found that General Business Law § 369-a does...

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