Caller-Times Publishing Company, Inc., Petitioner v. Triad Communications, Inc., D/b/a Wheels & Keels, Respondent

Summary

The Texas Supreme Court held that the Caller‑Times Publishing Company did not engage in predatory pricing under the Texas Free Enterprise and Antitrust Act, reversed the appellate court's judgment on that ground, and remanded for a new trial on the antitrust claims while allowing consideration of Triad's alternative ground of recovery. Justice Doggett dissented, arguing the majority’s cost‑based test is unworkable and excludes vital intent evidence.