FTC Files Joint Amicus Brief with DOJ in Matter of Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co.

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Commission approval of joint amicus brief filing: The Commission has authorized the staff to file an amicus brief jointly with the U.S. Department of Justice (DOJ) in the case of Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381 (S. Ct.). The brief, which was filed on August 24, 2006, urges the U.S. Supreme Court to reverse the Ninth Circuit Court of Appeals decision which: 1) held that the standard for a predatory pricing claim articulated by the Supreme Court in Brooke Group Ltd v. Brown & Williamson Tobacco Corp., 509 U.S. 209 (1993), did not apply to a case in which the plaintiff alleged “predatory bidding” in violation of Section 2 of the Sherman Act; and 2) approved instructions that allowed a jury to find a violation based on assessments of factors such as “fairness” and “necessity.”

The Commission vote authorizing the staff to file the brief jointly with the DOJ was 3-2, with Commissioners Jon Leibowitz and J. Thomas Rosch voting no. A copy of the brief can be found on the FTC’s Web site as a link to this press release. (FTC File No. P062112; the staff contact is John F. Daly, Office of the General Counsel, 202-326-2244; see press release dated May 31, 2006.)

Copies of the documents mentioned in this release are available from the FTC’s Web site at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

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