Playground Manufacturers Back Down from Proposed Unlawful Merger After Attorney General Jeff Jackson’s Lawsuit

FOR IMMEDIATE RELEASE
Wednesday, October 28, 2026
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RALEIGH - After Attorney General Jeff Jackson sued to stop a playground manufacturer from acquiring its rival and making it more expensive for towns and schools to build playgrounds, the companies have decided to abandon the proposed merger.

"This deal would have made playgrounds more expensive for schools and towns to build for our kids, so we sued the company to stop it," said Attorney General Jeff Jackson. "They just backed down. That's good news for children, parents, communities, and schools. Antitrust laws exist to help protect families, and my office will continue fighting to enforce them."

Earlier this month, Attorney General Jackson joined the 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 Burke have playgrounds throughout North Carolina and are owned by private equity firms based in California. They are two of the largest commercial outdoor playground equipment makers in the United States.

The complaint alleged that the proposed merger would've eliminated PlayPower and Burke's rivalry and unlawfully decreased competition, driving up prices and decreasing quality and innovation for playground equipment. If prices go up, parks and recreation departments, schools, churches, and other organizations would likely build fewer new playgrounds and upgrade existing equipment less often. Such price increases could also force them to raise more funds, including taxpayer dollars, for more expensive playground purchases.

After Attorney General Jackson filed his lawsuit, PlayPower withdrew plans to acquire Burke, and the coalition determined that the lawsuit was no longer necessary.

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

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