OAKLAND — California Attorney General Rob Bonta, the Federal Trade Commission, and attorneys general from Arizona, Colorado, Illinois, Nevada, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, Washington, and Wisconsin filed a lawsuit on Monday challenging the proposed merger of PlayPower, Inc. and BCI Burke Company, LLC. The suit was filed in the U.S. District Court for the Northern District of California.

The plaintiffs allege that the proposed merger violates Section 7 of the federal Clayton Act by substantially lessening competition in the market for commercial outdoor playground equipment. They contend the deal would result in less competition nationwide and in California, potentially leading to higher prices and lower quality.

PlayPower and BCI Burke are two of the top five largest national suppliers of commercial outdoor playground equipment, a market where five main competitors account for approximately 85% to 90% of sales. Both companies are owned by private equity firms based in California, and purchases of their equipment are largely funded by government and taxpayer dollars through schools and parks and recreation departments.

"Millions of American children look forward to having some fun by visiting their local playgrounds. The illegal merger of PlayPower and Burke, two of the largest manufacturers of commercial outdoor playground equipment, threatens to lower quality and increase prices for California schools and local parks and recreation departments that provide access to this experience for kids. We’re not letting this one slide." Bonta said.

"As the People’s Attorney, I am proud to join the Federal Trade Commission and a bipartisan coalition of attorneys general in challenging this unlawful merger in a market that has already seen prices swing high. Let me be clear: The only kind of monkey business we want to see here is on competitively priced monkey bars." he added.