US Supreme Court Docket

Supreme Court Docket

Oct | Nov | Dec | Jan | Feb | Mar | Apr | Unscheduled | Previous Terms

[Download October 30, 2006 Argument Calendar PDF ]
[Download November 27, 2006 Argument Calendar PDF ]
[Click here for 2005 Docket ]
Many documents listed on this page are PDF files that may be viewed using AdobeReader.

Weyerhaeuser Company v. Ross-Simmons Hardwood Lumber Company
No. 05-381
Title:
    Weyerhaeuser Company v. Ross-Simmons Hardwood Lumber Company, Inc.

Subject:

    Sherman Act, Antitrust & Trade Regulation, Predatory Buying
Question:
    In Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209 (1993), the Court held that an antitrust plaintiff alleging predatory selling must prove that the defendant (1) sold its product at a price level too low to cover its costs and (2) had a dangerous probability of recouping its losses once the scheme of predation succeeded.

    The question in this case is whether a plaintiff alleging predatory buying may, as the Ninth Circuit held, establish liability by persuading a jury that the defendant purchased more inputs "than it needed" or paid a higher price for those inputs "than necessary," so as "to prevent the Plaintiffs from obtaining the [inputs] they needed at a fair price"; or whether the plaintiff instead must satisfy what the Ninth Circuit termed the "higher" Brooke Group standard by showing that the defendant (1) paid so much for raw materials that the price at which it sold its products did not coyer its costs and (2) had a dangerous probability of recouping its losses.

Decisions:

Resources:

Briefs:

    Parties Counsel of Record

For Petitioner Weyerhaeuser Company:

Andrew J. Pincus
Mayer, Brown, Rowe & Maw LLP
Washington, DC
For Respondent Ross-Simmons Hardwood:
Michael E. Haglund
Haglund Kelley Horngren Jones & Wilder LLP
Portland, OR


 

Oct | Nov | Dec | Jan | Feb | Mar | Apr | Unscheduled | Previous Terms

 

To view PDF files listed on this page you will need Adobe Acrobat Reader


FindLaw Career Center


      Post a Job  |  View More Jobs

    View More