In this issue: The U.S. Supreme Court’s Decision in Weyerhaeuser Feb 14, 2007 Background on: Weyerhaeuser Co. v. Ross-Simmons Lumber Co., Inc. 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 […]

This article is part of a Chronicle. See more from this Chronicle David Olsky, Feb 22, 2007 The general legal standard for determining whether unilateral conduct violates Section 2 of the Sherman Act is murky, to say the least. Many courts have employed a “totality of the circumstances” approach, leaving it to the jury to […]

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 […]

This article is part of a Chronicle. See more from this Chronicle Feb 14, 2007 Issue: 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 […]