Weyerhaeuser Company v. Ross-Simmons Hardwood Lumber Co., Inc.

Case Updates

Unanimously agreeing with NCLC, the Supreme Court adopted, for the purposes of predatory purchasing claims, the same standard it employs in predatory pricing cases.

NCLC argued that the Ninth Circuit’s effort to resolve predatory purchasing claims with vague standards (like paying a price “higher than necessary” and preventing competitors from being able to buy at a “fair” price) would impede competition and cause unnecessary treble damages liability. Instead, NCLC argued the Ninth Circuit should have adopted the recoupment standard employed in analyzing predatory selling claims.

NCLC filed twice in this case: once supporting cert. and once on the merits.