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BROOKE GROUP LTD. v. BROWN & WILLIAMSON TOBACCO CORP.

No. 92-466.

509 U.S. 209 (1993)

113 S.Ct. 2578

125 L.Ed.2d 168

BROOKE GROUP LTD. v. BROWN & WILLIAMSON TOBACCO CORP.

Supreme Court of United States.

Decided June 21, 1993.

Attorney(s) appearing for the Case

Phillip Areeda argued the cause for petitioner. With him on the briefs were Charles Fried, Jean E. Sharpe, Josiah S. Murray III, James W. Dobbins, Garret G. Rasmussen, and C. Allen Foster.

Robert H. Bork argued the cause for respondent. With him on the brief were Griffin B. Bell, Frederick M. Rowe, Michael L. Robinson, Abbott B. Lipsky, Jr., and Veronica G. Kayne.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Souter, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which White and Blackmun, JJ., joined, p. 243.

Justice Kennedy delivered the opinion of the Court.

This case stems from a market struggle that erupted in the domestic cigarette industry in the mid-1980's. Petitioner Brooke Group Ltd., whom we, like the parties to the case, refer to as Liggett because of its former corporate name, charges that to counter its innovative development of generic cigarettes, respondent Brown & Williamson Tobacco Corporation introduced its...

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