Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co.: Extending The Rule of Brooke Group, But How Far?

This article is part of a Chronicle. See more from this Chronicle

David Olsky, Feb 22, 2007

The general legal standard for determining whether unilateral conduct violates Section 2 of the Sherman Act is murky, to say the least. Many courts have employed a “totality of the circumstances” approach, leaving it to the jury to decide whether, on balance, a particular business practice is anticompetitive, pro-competitive or otherwise has a valid business justification, while providing mi