Simmons, Jannace & Stagg

Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co.

In the case of Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co, the Ross-Simmons Hardwood Lumber Company, herein referred to as the plaintiff, took legal action against the Weyerhaeuser Company, herein referred to as the respondent. The lawsuit established by the plaintiff included allegations that the respondent endeavored to monopolize the market by partaking in predatory business practices: an act that is a direct infringement of the Sherman Antitrust Act. The plaintiff set forth the argument that the respondent had purchased a number of logs, beyond that which necessity required; that the respondent had procured such an inventory at higher costs than that necessitated by the market; and that the respondent engaged in such actions in a deliberate attempt to expel competitors from the lumber trade.

The case was reviewed by the District Court and the court found in favor of the plaintiff; the District Court held that the deliberate payment of higher prices for wood could be measured as an aggressive industry move and therefore an infringement of the Sherman Antitrust Act. As a result of the ruling the plaintiff received damages: more than 78 million dollars was awarded to the Ross-Simmons Hardwood Lumber Company. The respondent appealed the case and it was brought before the Ninth Circuit Court - the court agreed with the ruling and upheld the decision made by the District Court. The case was again appealed; the Supreme Court ruled on the case, vacated previous court orders and remanded the case for further review.


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