U.S. Supreme Court hears oral arguments in a predatory buying case
Today, the U.S. Supreme Court will hear oral arguments in Weyerhaeuser Company v. Ross-Simmons Hardwood Lumber Co., Inc.
The question in this case is whether a plaintiff alleging predatory buying may 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” or whether the plaintiff instead must satisfy a standard (known as the Brooke Group standard) requiring a showing that the defendant (1) paid so much for raw materials that the price at which it sold its products did not cover its costs and (2) had a dangerous probability of recouping its losses.
See also today’s Seattle Times story.
UPDATE: Transcript of of oral arguments are available at the U.S. Supreme Court website.