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FTC and 12 States Sue to Block PlayPower's Acquisition of Burke Playground Equipment Maker

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16

Why it matters

The Federal Trade Commission and 12 state attorneys general, including California's Rob Bonta, sued on October 19, 2026, to block PlayPower from acquiring rival BCI Burke. The complaint, filed in the U.S. District Court for the Northern District of California, argues the deal would combine two of the five largest U.S. suppliers of commercial playground equipment and likely raise prices while reducing quality, innovation and service. The FTC commission authorized the action by a 2-0 vote. PlayPower, owned by Platinum Equity, called the challenge disappointing and said the merger would increase competition in a fragmented market. Burke is being sold by Bertram Capital.

Whether PlayPower will settle or litigate has not been decided, and both paths remain open. PlayPower has said it wants to work with the Commission toward a resolution. The coalition includes Arizona, California, Colorado, Illinois, Nevada, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, Washington and Wisconsin. The complaint puts the five largest firms at roughly 85% to 90% of U.S. sales, and it alleges that independent sales representatives could face lower commissions or worse terms.

For antitrust practitioners, the case stands out because federal and state enforcers rarely coordinate this closely under the current administration. It also tests how regulators view private-equity roll-up strategies, and Platinum Equity's ownership of PlayPower puts that question directly in play. Public institutions, which fund most playground purchases, are the buyers most exposed to higher prices, so clients in school and parks procurement should track the case. Playground prices were already rising before the suit, which gives the coalition a concrete harm to point to. Watch for any settlement terms, particularly divestitures or conduct remedies affecting sales representatives.

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