Aspen Highlands Skiing Corp. v. Aspen Skiing Co.’s Empirical Analysis
738 F.2d 1509 · 1984
Citation profile
102 federal appellate · 18 district · 3 state decisions
How this case has been cited
Cited by 174 later decisions (1 by the Supreme Court) — most recently August 2019 · most notably Aspen Skiing Company v. Aspen Highlands Skiing Corporation (1985), Sil-Flo, Inc. v. SFHC, Inc. (1990)
102 federal appellate · 18 district · 3 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.
Appellate journey
Relationships
Applies 15 U.S.C. § 1 (§ 1 of the Sherman Antitrust Act) · 15 U.S.C. § 15 (§ 4 of the Clayton Antitrust Act of 1914)
Relies on United States v. Grinnell Corp. · Zenith Radio Corp. v. Hazeltine Research, Inc. · Rideout v. United States · Bigelow v. RKO Radio Pictures, Inc. · Story Parchment Co. v. Paterson Parchment Paper Co.
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 174 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“patently plainly erroneous and prejudicial.”
11 later decisions quote this exact passage · from the majority“four elements necessary to establish liability under the essential facilities doctrine: (1) control of the essential facility by a monopolist; (2) a competitor's inability to duplicate the facility; (3) denial of the use of the facility to a competitor; and (4) the feasibility of providing the facility.”
4 later decisions quote this exact passage · from the majority“(1) the possession of monopoly power in the relevant market and (2) the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident.”
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.