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 did not engage in predatory pricing under the Texas Free Enterprise and Antitrust Act, reversed the appellate court’s antitrust judgment, and remanded for a new trial on the antitrust claims while allowing consideration of the alternative tortious interference claim. The Court also adopted a new two‑part test for predatory pricing. Justice Doggett’s dissent argued that the majority’s test is overly restrictive and ignores intent evidence.