In the U.S. Supreme Court’s Feb. 20 decision, Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., the Court unanimously ruled that the 9th U.S. Circuit Court of Appeals had used the wrong legal standard when analyzing predatory buying.

The Supreme Court unanimously held that in order for a buyer to be held liable under the Sherman Act for predatory buying, the plaintiff must satisfy the strict requirements previously established for predatory pricing claims over 14 years ago by the Supreme Court in Brook Group Ltd. v. Brown & Williamson Tobacco Corp.