Weyerhaeuser: An Epilogue
26 Pages Posted: 19 Aug 2015 Last revised: 8 Sep 2016
Date Written: August 17, 2015
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: Suggested Citation