Weyerhaeuser v. Ross-Simmons: The U.S. Supreme Court Rules That The Brooke Group Predatory-Pricing Test Applies to Predatory Bidding

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David Park, William Rooney, Raymond Sarola, Feb 23, 2007

On February 20, 2007, a unanimous U.S. Supreme Court in Weyerhaeuser Co. v. Ross-Simmons (No. 05-381) held that the Brooke Group predatory-pricing test applies to predatory bidding.

Procedural History After trial, a jury was instructed that it could find the defendant, Weyerhaeuser Co. (“Weyerhaeuser”), liable for monopolistic practices under Section 2 of the U