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Jul 05, 2007
The 2006 Term of the U.S. Supreme Court was an extremely significant one for U.S. antitrust law and competition policy. The Court heard four cases addressing several important aspects of antitrust law. For further discussion on these cases, follow the links below to find case-specific Backgrounders and links to the decisions themselves.
- (1) Weyerhaeuser v. Ross-Simmons Lumber Co. Key Issues: whether the appropriate test applied for analyzing predatory pricing claims, should also be applied to predatory bidding claims Decision Issued: February 20, 2007 In Favor of: the Defendant Vote: 9-0 Key Upholding: the Brooke Group test is the appropriate test for predatory bidding.
- (2) Bell Atlantic v. Twombly Key Issues: pleading standards for Section 1 claims under the Sherman Antitrust Act Decision Issued: May 21, 2007 In Favor of: the Defendant Vote: 7-2 Key Upholding: mere allegation of conspiracy coupled with an assertion of parallel conduct would not survive a motion to dismiss.
- (3) Credit Suisse v. Billing Key Issues: the standard for implying antitrust immunity in the context of the potential conflict with federal securities laws Decision Issued: June 18, 2007 In Favor of: the Defendant Vote: 7-1 Key Upholding: securities laws must be interpreted as precluding the application of the antitrust laws.
- (4) Leegin Creative Leather Products, Inc. v. PSKS, Inc. Key Issues: whether vertical minimum resale price maintenance agreements will continue to be deemed per se illegal. Decision Issued: June 28, 2007 In Favor of: the Defendant Vote: 5-4 Key Upholding: the rule of reason is the appropriate standard for evaluating vertical price restraints.
