Osborn v. Sinclair Refining Co.’s Empirical Analysis
324 F.2d 566 · 1963
Citation profile
45 federal appellate · 8 district · 6 state decisions
How this case has been cited
Cited by 77 later decisions — most recently March 1987 · most notably Lessig v. Tidewater Oil Co. (1964), Siegel v. Chicken Delight, Inc. (1971)
45 federal appellate · 8 district · 6 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
Relies on Northern Pacific Railway Co. v. United States · Bigelow v. RKO Radio Pictures, Inc. · Times-Picayune Pub Co v. United States · United States v. Colgate & Co. · Klor's, Inc. v. Broadway-Hale Stores, 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There [in United States v. Parke, Davis & Co.] the Court indicated that if a seller does no more than announce a policy designed to restrain trade, and declines to sell to those who fail to adhere to the policy, he has not put together a combination or arrangement violative of the antitrust laws. However, the Court emphasized that if the seller goes further, if he engages in actions extending beyond the bare announcement of his policy and the declination to sell “and he employs other means which effect adherence” to his policy, he has engaged in a combination or arrangement condemned by the antitrust laws. He can then no longer rely upon his “right” of customer rejection. There is no indication in Parke, Davis, or in any other case, that these principles regarding refusals to deal vary, depending upon whether there is a monopoly or concerted action with co-conspirators, or whether, on the other hand, there exists some other form of arrangement in restraint of trade. To the contrary, irrespective of monopoly or conspiracy, if the seller pressures his customers or dealers into adhering to resale price maintenance, or exclusive dealing or tie-ins, he has put together an unlawful arrangement and taken himself outside the narrow protection afforded by Colgate. Id. at 573 (emphasis added).”
2 later decisions quote this exact passage““Nor would it be a defense to Sinclair that it had a contractual right, under the written lease and written sales agreement, to terminate the relationship on May 31, 1956. A refusal to deal based on a contract provision is, in respect to the antitrust laws, no different from the right of traders generally to select their customers. In either case, the right is limited to situations where the seller has not put together an arrangement in restraint of trade.””
1 later decision quote this exact passage“Any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor * * * and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee.”
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.