Economists file brief amici curiae arguing proper standard for determining when price increases for supplies constitutes predatory buying

Client(s) Economists

Jones Day filed a brief amici curiae on behalf of economists who teach at leading American universities in a case that decided the proper standard for determining when an increase in the price paid for supplies or an increase in the amount of supplies purchased by a single firm, acting independently, constitutes predatory buying in violation of antitrust laws. The brief recommended the Court apply the standard set forth in Brooks Group Ltd. v. Brown & Williams Tobacco Corp., 509 U.S. 209 (1993) to predatory bidding as well as predatory selling. In a unanimous opinion, the Supreme Court agreed.

Weyerhauser Co. v. Ross-Simmons Hardwood Lumber Co., 549 U.S. 312 (2007)