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

BY | February 23, 2007

This article is part of a Chronicle. See more from this Chronicle David Park, William Rooney, Raymond Sarola, Feb 23, 2007 On February 20, 2007, a unanimous U.S. Supreme Court…

This article is part of a Chronicle. See more from this Chronicle

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

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