Attorney General Jeff Jackson Fights Proposed Combo of Playground Manufacturers; Warns Merger Could Mean Fewer Playgrounds and Increased Costs

FOR IMMEDIATE RELEASE
Tuesday, October 21, 2026
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RALEIGH - Attorney General Jeff Jackson is asking a federal court to stop a playground manufacturer from acquiring its rival. The proposed merger would drive up prices and make it harder for towns and schools to afford to build playgrounds for children.

"Playgrounds give our kids a safe place to play, try new things, embrace the outdoors, and make friends," said Attorney General Jeff Jackson. "When companies break antitrust laws, families suffer. We've fought antitrust cases to help lower rent, make eggs and meat more affordable, and protect ticket costs. Now we're fighting this case to make sure kids have affordable playgrounds in their neighborhoods."

Attorney General Jackson is joined by the Federal Trade Commission (FTC) and a bipartisan coalition of 11 other states in asking the court to block the company PlayPower's acquisition of BCI Burke. PlayPower and BCI Burke have playgrounds throughout the state, including in Lexington, Hickory, Charlotte, Emerald Isle, Burnsville, Newport, Hendersonville, Gastonia, Benson, Havelock, Wilmington, Bladenboro, Camp Lejeune, Jacksonville, Selma, Oak Island, Raleigh, Rocky Point, Winston-Salem, Pinehurst, Ft. Bragg, and Brevard. Both companies are owned by private equity firms based in California.

The companies are two of the country's largest commercial outdoor playground equipment makers. Five companies, including PlayPower and Burke, currently own more than a dozen playground equipment brands and hold 85-90% of the market share in the United States. The proposed transaction would add the Burke brand to PlayPower's existing commercial outdoor playground portfolio, which includes Miracle Recreation Equipment Company, Little Tikes Commercial and Playworld Systems Inc., all of which are brands PlayPower previously acquired.

The complaint alleges that the proposed merger would eliminate PlayPower and Burke's rivalry and decrease competition. That would drive up prices and decrease quality and innovation for playground equipment bought by schools, churches, parks and recreation departments, and other organizations. The states allege that the merger would result in a highly concentrated market that violates antitrust laws.

Parks, schools, churches, and other communities use taxpayer dollars to build playgrounds. If prices rise, parks, schools, and churches would likely build fewer new playgrounds and replace or upgrade existing equipment less often. They could also be forced to raise more funds, including taxpayer dollars, for more expensive playground purchases.

Attorney General Jeff Jackson is asking the court to block the acquisition. He's joined in this filing by the FTC and the attorneys general of Arizona, California, Colorado, Illinois, Nevada, Ohio, Pennsylvania, Tennessee, Texas, Washington, and Wisconsin.

A copy of the complaint is available here.

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