California AG Bonta and the FTC Sue to Block Merger of Playground Equipment Makers PlayPower and Burke

SAN FRANCISCO — California Attorney General Rob Bonta announced on October 19 that California has joined the Federal Trade Commission and a bipartisan coalition of 12 state attorneys general in a lawsuit to block outdoor playground equipment maker PlayPower Inc. from acquiring rival BCI Burke Co. The complaint, filed in the U.S. District Court for the Northern District of California, alleges the merger would violate Section 7 of the Clayton Act.
The suit says PlayPower and Burke are among the five largest suppliers of commercial outdoor playground equipment in the United States, and that the five firms — PlayCore, PlayPower, Burke, Landscape Structures and KOMPAN — account for roughly 85 to 90 percent of national sales in a highly concentrated market. PlayPower, owned by private equity firm Platinum Equity, already owns brands including Miracle Recreation Equipment, Little Tikes Commercial and Playworld Systems; Burke is owned by Bertram Capital Management. The equipment is bought mainly by schools, churches, local parks and recreation departments, largely with taxpayer dollars.
The FTC said PlayPower is attempting to eliminate the intense head-to-head rivalry that currently benefits playground customers through lower prices, better services, higher quality and increased innovation. "Playgrounds are an indispensable part of daily life for millions of American kids and their families. And state and local governments spend hundreds of millions of taxpayer dollars each year on playgrounds so that their communities have places for kids to play safely," said Daniel Guarnera, director of the FTC's Bureau of Competition. "Instead of investing in building better playgrounds or lowering prices, PlayPower and its parent Platinum Equity want to eliminate one of PlayPower's fiercest competitors and continue to raise prices on American schools, parks departments, churches and municipalities." The FTC said its commissioners voted 2-0 to authorize staff to seek a permanent injunction, and the complaint also seeks a temporary restraining order.
The plaintiffs argue the merger would significantly increase concentration in an already concentrated market, leading to higher prices, lower quality and service, and diminished innovation, with the costs borne by taxpayer-funded schools and parks. Colorado Attorney General Phil Weiser said in a joint statement that competition for playground equipment means parks, schools and houses of worship have more choices and pay less, and that he will stand up to protect consumers when companies seek to decrease competition through an anticompetitive merger.
PlayPower announced in February that it had signed a definitive agreement to acquire Burke; financial terms were not disclosed.
Source: GSM · USA (original Chinese edition)
Photo: 加州一处公园的商业户外游乐设备(资料照片)。Ryanx7 摄,CC BY-SA 4.0,经 Wikimedia Commons 发布。
- 2026-10-19California AG Bonta and the FTC Sue to Block Merger of Playground Equipment Makers PlayPower and BurkeThis story
- 2026-10-27Follow-Up: PlayPower Abandons Acquisition of Rival Burke After FTC Lawsuit, Agency Says

