Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co.

Weyerhaeuser Company v. Ross-Simmons Hardwood Lumber Company, 549 U.S. 312 (2007), was a United States Supreme Court case related to antitrust regulations.

Weyerhaeuser Company v. Ross-Simmons Hardwood Lumber Company
Supreme Court of the United States
Argued November 28, 2006 Decided February 20, 2007
Full case name	Weyerhaeuser Company, Petitioner v. Ross-Simmons Hardwood Lumber Company, Inc.
Citations	549 U.S. 312 (more) 127 S. Ct. 1069; 166 L. Ed. 2d 911; 2007 U.S. LEXIS 1333; 75 U.S.L.W. 4091; 2007-1 Trade Cas. (CCH) ¶ 75,601; 20 Fla. L. Weekly Fed. S 77
Court membership
Chief Justice John Roberts Associate Justices John P. Stevens · Antonin Scalia Anthony Kennedy · David Souter Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito
Case opinion
Majority	Thomas, joined by unanimous

Background

Both parties operated sawmills; Ross-Simmons was driven out of business by what it complained was Weyerhaeuser's attempted monopsonization of the market. The theory was "predatory buying": a purchaser buys so much of a given raw material that it drives up the price and thereby excludes less pecunious rivals who depend on the same raw material.

Opinion of the Court

The Supreme Court rejected the theory on a rule of reason analysis, noting that there are any number of legitimate business strategies that involve buying large quantities of raw materials. A plaintiff alleging predatory buying must therefore prove—and Ross-Simmons had not—that the defendant caused the price to rise, and that the defendant is likely to recoup the costs incurred in such a scheme.

The Court's decision symmetrized its case law, with Weyerhaeuser and Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. applying identical standards to predatory buying and predatory selling claims respectively.

External links

• Text of Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., 549 U.S. 312 (2007) is available from: Cornell Justia