Weyerhaeuser: An Epilogue

26 Pages Posted: 19 Aug 2015 Last revised: 8 Sep 2016

See all articles by Jeffrey Lynch Harrison

Jeffrey Lynch Harrison

University of Florida - Levin College of Law

Date Written: August 17, 2015

Abstract

Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., could have been influential in three ways. First, the Court directly addressed the standard for predatory buying and, consequently, has undoubtedly had an impact on whether plaintiffs will rely on that theory. Second, its express recognition of the similarities between buyers and sellers may encourage increased reliance on monopsony-based theories of liability. Finally, the decision could have created the impetus for refining the analysis of a number of issues when they arise in monopsony contexts. These include monopsony tying, the use of monopsony power to gain power on the selling side of markets, as well as standing and antitrust injury. This study of post-Weyerhaeuser events demonstrates that it is a narrow opinion perhaps only economically suitable for very few special fact patterns. It is frequently ignored although sometimes relied upon by defendants who attempt to reframe their cases as Weyerhaeuser-like in hopes of a dismissal.

Keywords: bundling, marginal cost, predation, predatory, antitrust, monopsony, standing, antitrust injury, Weyerhaeuser, Blair, Harrison, Supreme court, competition

JEL Classification: A11, E65, E42

Suggested Citation

Harrison, Jeffrey Lynch, Weyerhaeuser: An Epilogue (August 17, 2015). University of Florida Levin College of Law Research Paper No. 16-29. Available at SSRN: https://ssrn.com/abstract=2645931 or http://dx.doi.org/10.2139/ssrn.2645931

Jeffrey Lynch Harrison (Contact Author)

University of Florida - Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

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