Bruce A. MacKey Individually and Time Saver Tools, Inc. v. Sears, Roebuck & Co.’s Empirical Analysis
237 F.2d 869 · 1956
Citation profile
5 federal appellate · 4 district · 2 state decisions
How this case has been cited
Cited by 21 later decisions — most recently April 1984
5 federal appellate · 4 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 15 U.S.C. § 1 (§ 1 of the Sherman Antitrust Act) · 15 U.S.C. § 13A (Sherman Antitrust Act)
Relies on American Tobacco Co. v. United States · Times-Picayune Pub Co v. United States · Sears, Roebuck & Co. v. MacKey · Swift Company v. United States · Kiefer-Stewart Co. v. Joseph E. Seagram & Sons, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a misdemeanor •* * * ””
2 later decisions quote this exact passage““It shall be unlawful for any person engaged in commerce, in the course of such commerce, to be a party to, or assist in, any transaction of sale, or contract to sell, which discriminates to his knowledge against competitors of the purchaser, in that, any discount, rebate, allowance, or advertising service charge is granted to the purchaser over and above any discount, rebate, allowance, or advertising service charge available at the time of such transaction to said competitors in respect of a sale of goods of like grade, quality, and quantity; to sell, or contract to sell, goods in any part of the United States at prices lower than those exacted by said person elsewhere in the United States for the purpose of destroying competition, or eliminating a competitor in such part of the United States; or, to sell, or contract to sell, goods at unreasonably low prices for the purpose of destroying competition or eliminating a competitor.” “A ny person violating any of the provisions of this section, shall, upon conviction thereof, be fined not more than $5,000 or imprisoned not more than one year, or both.” (15 U.S.C. § 13a; italics added.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.