Brief with the You as the Amicus Curiae Help Petitioner at the sixteen, Weyerhaeuser Co

248. , supra note cuatro, at 135 (Salop) (proclaiming that he had been «worried sick there could be false gurus»). id. on 106 (Kirkwood) («[A]rguably, there had been no not true pros, zero responsibility conclusions [in predatory bidding cases] where it featured that accused had not, in fact, injured hobbies.»).

249. Weyerhaeuser, 127 S. Ct. from the 1077; see and additionally Summer twenty two Hr’g Tr., supra notice 4, at 158 (McDavid) (saying that a strong you will want to «stockpile index so you’re able to preclude coming shortages or even to hedge against an effective coming price boost»).

251. Cf. June twenty-two Hr’g Tr., supra note 4, at the 113 (Kirkwood) («[I]f new accused can show that putting in a bid up input cost try successful, in place of reference to any upsurge in monopsony stamina, [then] it should has actually a complete protection.»).

Utah Cake gotten much scholarly issue by way of example out-of a great situation in which «affordable prices seemed likely to hurt competition than simply race and you may customers.» (20) One commentator had written so it «have to score as the utmost anticompetitive antitrust choice of several years.» (21) Courtroom Bork’s glance at was you to definitely «[t]here’s zero monetary concept well worth title that could select a damage to battle into the activities of your case.» (22) As he spotted they, «Defendants was indeed found guilty not regarding hurting competition but, simply put, out-of fighting.» (23)

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