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

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.

Media Contact:

FTC Office of Public Affairs
202-326-2180

Weyerhaeuser Company, Petitioner, v. Ross-Simmons Hardwood Lumber Company, Inc., In the Supreme Court of the United States, On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit (Case No. 05-381)

• Brief for the United States As Amicus Curiae, Joined by the Federal Trade Commission, Supporting Petitioner