FREQUENCY OF CITATIONS IN FEDERAL COURT ANTITRUST OPINIONS: SELECTED LAW REVIEWS MEMORANDUM To: Editorial Board, Antitrust Law Journal From: Joshua D. Wright Associate Editor, Antitrust Law Journal Subject: Updated Study of the Influence of Antitrust Law Journal Date: April 20, 2012 This memorandum updates the April 2006 study of the frequency with which law reviews are cited by the federal courts in antitrust cases. The 2006 study was conducted under the direction of Robby Robertson, then Editorial Chair. The original study (August 2000) was described in a memorandum from Jonathan B. Baker, then Editorial Chair Designate. 1 Study Results Antitrust Law Journal continues to be the most frequently cited law journal when compared to Antitrust Bulletin, Harvard Law Review, Yale Law Journal, Michigan Law Review, Journal of Competition Law & Economics, and Journal of Competition Policy International. Previous studies have not included the Journal of Competition Law & Economics and Competition Policy International. Because the present study included these two journals, for consistency purposes, data was recollected for the 2003–2006 period where applicable. The following table contains the revised data from the 2003–2006 study in the right column. The other column shows information obtained for the remainder of 2006, 2 as well as 2007–2011. Similarly, the accompanying graph illustrates the total number of citations each journal received in federal court opinions in the years 2003–2011. 1 My research assistant, Stephanie Greco, reviewed and corrected prior citation analyses and conducted the updated study presented here. 2 Data were originally collected up to and including April 14, 2006.
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FREQUENCY OF CITATIONS IN FEDERAL COURT ANTITRUST OPINIONS:
SELECTED LAW REVIEWS
MEMORANDUM
To: Editorial Board, Antitrust Law Journal
From: Joshua D. Wright
Associate Editor, Antitrust Law Journal
Subject: Updated Study of the Influence of Antitrust Law Journal
Date: April 20, 2012
This memorandum updates the April 2006 study of the frequency with which law reviews are
cited by the federal courts in antitrust cases. The 2006 study was conducted under the direction
of Robby Robertson, then Editorial Chair. The original study (August 2000) was described in a
memorandum from Jonathan B. Baker, then Editorial Chair Designate.1
Study Results
Antitrust Law Journal continues to be the most frequently cited law journal when compared to
Antitrust Bulletin, Harvard Law Review, Yale Law Journal, Michigan Law Review, Journal of
Competition Law & Economics, and Journal of Competition Policy International. Previous
studies have not included the Journal of Competition Law & Economics and Competition Policy
International. Because the present study included these two journals, for consistency purposes,
data was recollected for the 2003–2006 period where applicable.
The following table contains the revised data from the 2003–2006 study in the right column.
The other column shows information obtained for the remainder of 2006,2 as well as 2007–2011.
Similarly, the accompanying graph illustrates the total number of citations each journal received
in federal court opinions in the years 2003–2011.
1My research assistant, Stephanie Greco, reviewed and corrected prior citation analyses and
conducted the updated study presented here. 2 Data were originally collected up to and including April 14, 2006.
Frequency of Citations in Federal Court Antitrust Opinions: Selected Law Reviews
JOURNAL 2006–2011 2003–2006
Antitrust Law Journal 53% 45%
Yale Law Journal 14% 22%
Harvard Law Review 25% 23%
Michigan Law Review 3% 7%
Antitrust Bulletin 3% 3%
Journal of Competition
Law & Economics 2% 0%
Competition Policy
International 0% 0%
Methodology
The citation frequency study counted the number of federal antitrust cases that cited to each
journal. The present study is based on a review of an additional 104 federal antitrust opinions
between April 16, 2006 and December 31, 2011. The citation frequency counts the number of
times an article relating to antitrust material was cited in a case relating to antirust subject matter.
For example, if two different articles from the same periodical were cited within a case, this
would count as two citations for that periodical. However, if the same article was cited multiple
times within a case, the periodical would still only be counted once. The search for citations was
0
5
10
15
20
25
2003 2004 2005 2006 2007 2008 2009 2010 2011
Antitrust L.J. Harv. L. Rev. Yale L.J.
Mich. L. Rev. Antitrust Bull. J. Competition Law & Econ.
Competition Pol'y Int'l.
Federal
Court
Citations
conducted on both LexisNexis and WestLaw search engines to ensure inclusive results.
Unlike the original data collected for the 2003–2006 time period, the present study does not
include citations to briefs or citations in State Supreme Court or State Court opinions.
Conclusions
The Section of Antitrust Law should continue to be proud of its achievement in fostering
important scholarship in the field of antitrust law. With its high-quality articles and wide
circulation, the Antitrust Law Journal remains the premier law review in the field of antitrust.
The Antitrust Law Journal has long been extremely useful to antitrust practitioners, the Journal’s
primary constituency. The influence of Antitrust Law Journal articles among judges, as reflected
in the results of the citation study, adds to the great value that the Journal already provides
practitioners.
As noted in the memorandum describing the results of the previous study, the increased quality
and recognition of Antitrust Law Journal articles has coincided with the increasing
professionalization of the editorial process. As a refereed law review, and with the editorial
supervision of its expanded professional editorial board, the quality of published articles in the
Antitrust Law Journal and their value to judges has consistently increased.
Number of Citations in Opinions by Court 2006–2011: Antitrust Law Journal
Year U.S. Supreme Court U.S. Court of
Appeals
U.S. District
Court
2006 0 3 0
2007 6 7 8
2008 0 4 12
2009 1 3 10
2010 0 5 4
2011 0 1 13
TOTAL 7 23 47
Opinions
Supreme Court
2007
Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007).
Frank H. Easterbrook, Vertical Arrangements and the Rule of Reason, 53 ANTITRUST L.J.
135 (1984).
F.M. Scherer, The Economics of Vertical Restraints, 52 ANTITRUST L.J. 687 (1983).
Robert L. Steiner, How Manufacturers Deal with the Price-Cutting Retailer: When Are