Freeman v. San Diego Ass'n of Realtors’s Empirical Analysis

Citation profile

21 federal appellate · 3 state decisions

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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]ndirect purchasers can sue for damages if there is no realistic possibility that the direct purchaser will sue its supplier over the antitrust violation. The associations [defendants] own Sandicor [direct purchaser]. They appoint its board of directors, and they are accused of conspiring with it. There’s no realistic possibility Sandicor will sue them.”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Qualcomm Antitrust Litig. · 768 F. Supp. 2d 984 - In Re Atm Fee Antitrust Litigation

2. “No antitrust violation is more abominated than the agreement to fix prices. With few exceptions, `price-fixing agreements are unlawful per se under the Sherman Act and ... no showing of so-called competitive abuses or evils which those agreements were designed to eliminate or alleviate may be interposed as a defense.' The dispositive question generally is not whether any price fixing was justified, but simply whether it occurred.”

   1 later decision quote this exact passage · from the majority
   e.g. Dagher v. Saudi Refining Inc.

3. “the argument relying on the `underlying notion of fairness of offering the same services at the same prices to all participants.' The `fairness' of uniform pricing is not a relevant consideration in an antitrust case; consumers are presumed to prefer lower prices to the satisfaction of knowing they paid the same inflated price as everyone else.”

   1 later decision quote this exact passage · from the majority
   e.g. Dagher v. Saudi Refining Inc.