National Distributing Company, Inc. v. United States Treasury Department, Bureau of Alcohol, Tobacco and Firearms’s Empirical Analysis
626 F.2d 997 · 1980
Citation profile
13 federal appellate · 2 district · 8 state decisions
How this case has been cited
Cited by 32 later decisions — most recently February 2019 · most notably Atwell v. Merit Systems Protection Board (1981), Scarborough v. Office of Personnel Management (1984)
13 federal appellate · 2 district · 8 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 Citizens to Preserve Overton Park, Inc. v. Volpe · Skidmore v. Swift & Co. · Morton v. Ruiz · Ala Schechter Poultry Corporation v. United States · General Electric Co. v. Gilbert
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It shall be unlawful for any person engaged in business as a distiller, brewer, ... or other producer, or as an importer or wholesaler, of distilled spirits, wine, or malt beverages, ... directly or indirectly or through an affiliate: "... "To induce through any of the following means, any trade buyer engaged in the sale of distilled spirits, wine, or malt beverages, to purchase any such products from such person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such inducement is made in the course of interstate or foreign commerce, or if such person engages in the practice of using such means ... to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such inducement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such trade buyer in interstate or foreign commerce: (1) By commercial bribery; or (2) by offering or giving any bonus, premium, or compensation to any officer, or employee, or representative of the trade buyer ...."”
2 later decisions quote this exact passage · from the dissent“The primary purpose of the 'Exclusive outlet,' 'Tied house,' and 'Commercial Bribery' subsections of section 5 seems to be prevention of a form of vertical integration whereby wholesalers or producers might gain effective control of ostensibly independent retail outlets.”
2 later decisions quote this exact passage“[I]n both Houses of Congress there appeared to be total unanimity on the conclusion that lower [alcohol] prices were desirable.”
2 later decisions 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.