Consumers Union of U.S., Inc. v. Federal Trade Commission’s Empirical Analysis
801 F.2d 417 · 1986
Citation profile
14 federal appellate · 4 district · 6 state decisions
How this case has been cited
Cited by 32 later decisions — most recently September 2016 · most notably United States v. Akzo Coatings of America, Inc. (1991), United States v. Thurston (2004)
14 federal appellate · 4 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
Applies 15 U.S.C. § 2058 (Clayton Antitrust Act of 1914) · 15 U.S.C. § 2309 · 15 U.S.C. § 57A (Federal Trade Commission Act of 1914) · 21 U.S.C. § 371 (Federal Food, Drug, and Cosmetic Act) · 28 U.S.C. § 2347 · 33 U.S.C. § 1369 · 5 U.S.C. § 551 (Administrative Procedure Act of 1946) · 5 U.S.C. § 553 (Administrative Procedure Act of 1946)
Relies on Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert · Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. · Consolo v. Federal Maritime Commission · United States v. L. A. Tucker Truck Lines, Inc. · Greater Boston Television Corporation v. Federal Communications Commission, Whdh, Inc., a Massachusettscorporation, Intervenor. Whdh, Inc. v. Federal Communications Commission, Greater Boston Televisioncorporation, a Massachusetts Corporation, Intervenor. Charles River Civic Television, Inc. v. Federal Communications Commission, Whdh, Inc., Boston Broadcastersinc., Intervenors. Whdh, Inc. v. Federal Communications Commission, Boston Broadcasters, Inc., Intervenor. Greater Boston Tv Co., Inc. v. Federal Communications Commission, Whdh, Inc., Boston Broadcastersinc., Intervenors
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.
“When an agency has declined entirely to enter a particular arena of regulation its discretionary judgment as to where its administrative and enforcement resources should best be expended is prominently involved. That is not the case where the agency merely fails to include in a final rule a proposed provision that is closely related to the provisions that are adopted. The latter case, which is what we have here, has never been thought to present an issue of agency refusal to adopt a rule but rather an issue of the rationality of the rule it did adopt, given the alternatives that were suggested and rejected.”
2 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.