Asheville Tobacco Board of Trade, Inc. v. Federal Trade Commission’s Empirical Analysis
294 F.2d 619 · 1961
Citation profile
12 federal appellate ·
Relationships
Applies 15 U.S.C. § 45 (§ 5 of the Federal Trade Commission Act of 1914) · 5 U.S.C. § 1009
Relies on Federal Trade Commission v. Morton Salt Co. · Jacob Siegel Co. v. Federal Trade Commission · Federal Trade Commission v. Ruberoid Co. · Federal Trade Commission v. R. F. Keppel & Bro. Inc. · Federal Trade Commission v. Motion Picture Advertising Service Co.
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““1. Allocate * * * selling time to new entrant warehouses on the Henderson market on any basis * * * which refuses to give any credit to the size and capacity of a new entrant in excess of the average size and capacity of all the warehouses operating on the market; “2. Allocate * * * any selling time pursuant to any system * * * of allocating selling time which takes into account * * * warehouse space which is not only unsuitable and unavailable, but not actually used for the sale of tobacco at auction; “3. Allocate * * * any selling time pursuant to any system * * * which fails to accord equitable and nondiscriminatory treatment to all warehouse members on the Henderson market whether said members are established operators or new entrants ; “4. Allocate * * * any selling time to warehouses operating on the Henderson market on the basis of any system * * * with the purpose or effect of restricting * * * any person * * * from engaging in the tobacco business on the Henderson market * * *; “5. Adopting * * * any plan * * * that restricts * * * any person * * * from engaging in the tobacco business on the Henderson market * * *; “6. Engaging in any act * * * with the purpose or effect of restricting * * * the entrance of any person * * * from engaging in the tobacco business on the Henderson market or any other person * * * already doing business on the Henderson market, from competing therein ; “7. Engaging in any act * * * with any respondent named herein or with any other per”
2 later decisions quote this exact passage · from the majority““1. Allots selling time to new entrant warehouses on the Asheville tobacco market on any basis or in any manner which fails to take into account and give reasonable credit for the size and capacity of a new entrant; “2. Limits the possible gain or loss in selling time allotted to any warehouse for any one selling season to 3%'%, or any other unreasonably low percentage, of the selling time allotted to such warehouse for the preceding selling season, or in any other manner unreasonably limits the possible gain or loss in selling time allotted to any warehouse ; “3. Has the purpose or effect of foreclosing or preventing any new entrant warehouse on the Asheville tobacco market, or any other warehouse doing business on that market, from competing therein on a fair and equal basis.””
1 later decision quote this exact passage · from the majority
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.