In this issue:
The U.S. Supreme Court’s Decision in Weyerhaeuser
At issue in this case was whether the test applied for analyzing predatory pricing claims, first articulated by the U.S. Supreme Court in Brooke Group, Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209 (1993), should also be applied to claims of predatory bidding.
Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co.: Extending The Rule of Brooke Group, But How Far?
The general legal standard for determining whether unilateral conduct violates Section 2 of the Sherman Act is murky, to say the least.
Weyerhaeuser v. Ross-Simmons: The U.S. Supreme Court Rules That The Brooke Group Predatory-Pricing Test Applies to Predatory Bidding
The Court has continued its course of limiting judicial interference with market forces to situations where a distinct and anticompetitive distortion is evident and in a manner that will not likely discourage pro-competitive innovation and an efficient allocation of resources.