In Jacobs v. Tempur-Pedic International, Inc., the Eleventh Circuit affirmed the dismissal of a class action complaint alleging resale price maintenance in violation of section 1 of the Sherman Act because the plaintiff failed to plead a relevant market and harm to competition as required under the rule of reason approach. The Eleventh Circuit also dismissed claims that alleged that a dual distribution system constituted a horizontal price fixing conspiracy for failure to plead that Tempur-Pedic and its distributors somehow signalled each other on how and when to maintain or adjust prices.