Weyerhaeuser v. Ross-Simmons
- Case Date: 10/26/2005
- Project Name: Civil Justice Reform
On February 20, 2007, the U.S. Supreme Court overturned a lower-court decision that imposed substantial antitrust liability on a large company for engaging in "predatory buying" (i.e., buying supplies at too high a price), even though the uncontested evidence demonstrated that the company at all times sold its products at prices that exceeded its costs. The decision was a victory for WLF, which filed a brief urging that the award be overturned. The Court agreed with WLF that in order to prevail, a plaintiff alleging "predatory buying" must at a minimum demonstrate that the defendant was selling its product at a below-cost price. WLF argued that consumers, as well as the economy as a whole, benefit when companies bid up the prices of goods they seek and that companies should not be punished for engaging in buying competition that is good for consumers.
More Information and Downloads:
10/26/2005: Download the Brief
Litigation Update: Court Overturns Antitrust Award Imposing Predatory Buying Liability
Litigation Update: Court Agrees to Hear Antitrust Case Imposing Predatory Buying Liability