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High court overturns award in lumber case

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From Bloomberg News

The Supreme Court on Tuesday overturned a $79-million antitrust award against lumber producer Weyerhaeuser Co. in a ruling that will help shield companies from claims that they illegally tried to drive a competitor out of business.

The justices unanimously said a jury used the wrong standard in concluding that Weyerhaeuser monopolized the Pacific Northwest market for finished alder, a hardwood used in furniture. A now-defunct rival accused Federal Way, Wash-based Weyerhaeuser, the world’s biggest forest products company, of overbidding for scarce logs.

The ruling is a victory for large U.S. companies, giving them more room to bid aggressively for raw materials and other supplies without the risk of violating federal antitrust laws.

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“There are myriad legitimate reasons -- ranging from benign to affirmatively pro-competitive -- why a buyer might bid up input prices,” Justice Clarence Thomas wrote for the court.

The case centered on a judge’s instruction to jurors that they could award damages if Weyerhaeuser bought “more logs than it needed” and prevented Ross-Simmons Hardwood Lumber Co. from acquiring logs at a “fair price.”

The U.S. 9th Circuit Court of Appeals in San Francisco upheld the instruction, but the Supreme Court said the circuit court should have applied a standard similar to the one the Supreme Court used in a 1993 predatory-pricing case. That case required proof that a defendant sold its product below cost and was likely to recoup those losses after competition was driven out.

Ross-Simmons said the 1993 ruling wasn’t applicable because the Weyerhaeuser case didn’t involve predatory price cuts.

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