Since the 2003-2004 term, the U.S. Supreme Court has heard a surprising number of antitrust cases — nine in all — reflecting its increasing interest in, and willingness to address, questions that significantly impact the business community. Equally remarkable is the array of issues the Court has addressed in these cases. In the past three years, the Court has heard cases concerning issues ranging from a unilateral refusal to deal with rivals (Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko, 540 U.S. 398 (2004)), to pricing decisions by joint ventures (Texaco, Inc. v. Dagher, 547 U.S. 1 (2006)), to claims of tying involving a patented product (Illinois Tool Works, Inc. v. Independent Ink, Inc., 547 U.S. 28 (2006)).

One of the four antitrust cases heard by the Court this term, which resulted in a unanimous opinion, is Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., 127 S. Ct. 1069 (2007). Weyerhaeuser concerns conduct known as “predatory bidding” — deliberately bidding up the price of inputs to prevent competitors from procuring sufficient supplies to manufacture finished products. The Court’s decision holds that the same stringent standard used to judge the lawfulness of predatory pricing must be applied to claims of predatory bidding as well.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]