Brooke Group Ltd. v. Brown & Williamson Tobacco Corp.
1993 United States Supreme Court case / From Wikipedia, the free encyclopedia
Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209 (1993), was a United States Supreme Court case in which the court required that an antitrust plaintiff alleging predatory pricing must show not only changes in market conditions adverse to its interests, as a threshold matter, but must show on the merits that (1) the prices complained of are below an appropriate measure of its rival's costs, and (2) that the competitor had a reasonable prospect or a "dangerous probability" of recouping its investment in the alleged scheme.
Quick Facts Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., Argued March 29, 1993 Decided June 21, 1993 ...
Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. | |
---|---|
Argued March 29, 1993 Decided June 21, 1993 | |
Full case name | Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. |
Citations | 509 U.S. 209 (more) 113 S. Ct. 2578; 125 L. Ed. 2d 168 |
Holding | |
Brown & Williamson is entitled to judgment as a matter of law because it did not engage in predatory pricing in violation of §2 of the Sherman Antitrust Act. | |
Court membership | |
| |
Case opinions | |
Majority | Kennedy, joined by Rehnquist, O'Connor, Scalia, Souter, Thomas |
Dissent | Stevens, joined by White, Blackmun |
Laws applied | |
Clayton Act §2 |
Close