Tempur Sealy International (TPX) has filed a complaint asking a federal court in Texas to prevent administrative proceedings by the Federal Trade Commission that challenge the company's proposed merger with Mattress Firm Group, the retailer said Friday.

The action filed Friday asks the US District Court for the Southern District of Texas for an injunction to prevent the FTC from challenging the proposed transaction via the agency's administrative process or through litigation the agency filed in July in the same federal jurisdiction. The company claims that those actions violate its constitutional protections.

The FTC and the companies have both asked the court in Texas for a hearing scheduled to begin in mid-November over a prior injunction sought by the FTC. Tempur Sealy said Friday it expects that hearing to last around two weeks, adding it still believes it can complete the acquisition late in 2024 or early next year.

The company, which announced the $4 billion, cash-and-stock deal to acquire Mattress Firm in May 2023, did not immediately respond to a request for comment from MT Newswires. The FTC also did not respond to a similar request on Friday.

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