Confederated Tribes of Siletz Indians of Oregon Smokey Point Hardwood, Inc., and Ross-Simmons Hardwood Lumber Company, Inc. v. Weyerhaeuser Company

Ross-Simmons Hardwood Lumber Company brought this action against Weyer-haeuser Company for antitrust violations under Section 2 of the Sherman Act. Ross-Simmons alleged that Weyerhaeuser monopolized and attempted to monopolize the Pacific Northwest input market for alder sawlogs through its purchases of sawlogs. Ross-Simmons prevailed in a jury trial on both its monopolization and attempted monopolization claims. After trebling the jury’s damages award, the court entered judgment for Ross-Simmons and denied Weyerhaeuser’s motion for judgment as a matter of law or for a new trial. The court also awarded attorneys’ fees and costs to Ross-Simmons. Weyer-haeuser appeals the court’s denial of its motion for judgment as a matter of law or for a new trial, and seeks reversal of the judgment. Weyerhaeuser also separately appeals the district court’s award of attorneys’ fees and costs to ensure that any reversal of the judgment or remand for a new trial would also result in reversal of the award of attorneys’ fees and costs. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. BACKGROUND

The forests west of the Cascade Mountains in Oregon and Washington contain sufficient…