Fashion Originators' Guild of America, Inc. v. Federal Trade Commission’s Empirical Analysis
312 U.S. 457 · 1941
Citation profile
673 federal appellate · 151 district · 56 state decisions
How this case has been cited
Cited by 1,622 later decisions (166 by the Supreme Court) — most recently March 2023 · most notably United States v. United States Gypsum Co. (1948), Northern Pacific Railway Co. v. United States (1958)
673 federal appellate · 151 district · 56 state decisions — followed in 12 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.
Appellate journey
reviewedFashion Originators Guild of America, Inc. v. Federal Trade Commission (from Second Circuit Court of Appeals)
Relationships
Applies 15 U.S.C. § 1 (§ 1 of the Sherman Antitrust Act) · 15 U.S.C. § 12 (§ 1 of the Clayton Antitrust Act of 1914) · 15 U.S.C. § 14 (§ 3 of the Clayton Antitrust Act of 1914) · 15 U.S.C. § 21 (§ 11 of the Clayton Antitrust Act of 1914) · 15 U.S.C. § 41 (§ 1 of the Federal Trade Commission Act of 1914)
Relies on Erie Co v. Tompkins · United States v. Socony-Vacuum Oil Co. · United States v. Trans-Missouri Freight Ass'n · Addyston Pipe Steel Company v. United States
Cited together with Klor's, Inc. v. Broadway-Hale Stores, Inc. · Standard Oil Company of New Jersey v. United States · Northern Pacific Railway Co. v. United States · United States v. Socony-Vacuum Oil Co. · Board of Trade of City of Chicago v. United States
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 1,622 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“fixed or regulated prices, parcelled out or limited production, or brought about a deterioration in quality.”
6 later decisions quote this exact passage · from the majority“And among the many respects in which the Guild’s plan runs contrary to the policy of the Sherman Act are these: it narrows the outlets to which garment and textile manufacturers can sell and the sources from which retailers can buy (Montague & Co. v. Lowry, 193 U.S. 38,45 [ 24 S.Ct. 307, 309 , 48 L.Ed. 608 ]; Standard Sanitary Mfg. Co. v. United States, 226 U.S. 20, 48-49 [ 33 S.Ct. 9, 14-15 , 57 L.Ed. 107 ]); subjects all retailers and manufacturers who decline to comply with the Guild’s program to an organized boycott (Eastern States Retail Lumber Dealers’ Assn. v. United States, 234 U.S. 600, 609-611 [ 34 S.Ct. 951, 953-54 , 58 L.Ed. 1490 ]); takes away the freedom of action of members by requiring each to reveal to the Guild the intimate details of their individual affairs (United States v. American Linseed Oil Co., 262 U.S. 371, 389 [ 43 S.Ct. 607, 611 , 67 L.Ed. 1035 ]); and has both as its necessary tendency and as its purpose and effect the direct suppression of competition from the sale of unregistered textiles and copied designs (United States v. American Linseed Oil Co., supra at 389 [ 43 S.Ct. at 611 ]). In addition to all this, the combination is in reality an extragovernmental agency which prescribes rules for the regulation and restraint of interstate commerce, and provides extra-judicial tribunals for determination and punishment of violations, and thus “trenches upon the power of the national legislature and violates the statute.””
5 later decisions quote this exact passage · from the majority“* * * the combination is in reality an extra-governmental agency, which prescribes rules for the regulation and restraint of interstate commerce, and provides extra-judicial tribunals for determination and punishment of violations, and thus `trenches upon the power of the national legislature and violates the statute.' Addyston Pipe & Steel Co. v. United States, 175 U.S. 211, 242 , 20 S.Ct. 96 , 44 L.Ed. 136, 148 .”
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.