United States v. Borden Co.’s Empirical Analysis
308 U.S. 188 · 1939
Citation profile
685 federal appellate · 160 district · 111 state decisions
How this case has been cited
Cited by 1,784 later decisions (247 by the Supreme Court) — most recently May 2025 · most notably United States v. Socony-Vacuum Oil Co. (1940), Tennessee Valley Authority v. Hill (1978)
685 federal appellate · 160 district · 111 state decisions — followed in 22 states
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. § 17 (§ 6 of the Clayton Antitrust Act of 1914) · 7 U.S.C. § 291 (Capper-Volstead Act) · 7 U.S.C. § 455
Relies on United States v. Colgate & Co. · United States v. Curtiss-Wright Export Corp. · Hyde v. United States · Posadas v. National City Bank
Cited together with Morton v. Mancari · Posadas v. National City Bank · Silver v. New York Stock Exchange · State of Georgia v. Pennsylvania R Co · United States v. Philadelphia National Bank
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 1,784 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When there are two acts upon the same subject, the rule is to give effect to both if possible.”
63 later decisions quote this exact passage · from the majority“(i)f Congress had desired to grant any further immunity, Congress doubtless would have said so.”
8 later decisions quote this exact passage · from the majority““In this instance, the conspiracy charged is not that of merely forming a collective association of producers to market their products but a conspiracy, or conspiracies, with major distributors and their allied groups, with labor officials, municipal officials, and others, in order to maintain artificial and non-competitive prices to be paid to all producers for all fluid milk produced in Illinois * * * and also to control ‘the supply of fluid milk permitted to be brought to Chicago’.” ( 308 U.S. at 205 , 60 S.Ct. at 191 ).”
4 later decisions 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.