Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Polk Bros., Inc. v. Forest City Enterprises, Inc.

United States Court of Appeals for the Seventh Circuit
776 F.2D 185 (7TH CIR. 1985)


In 1972, Polk Bros., Inc. (Polk) (plaintiff), reached an agreement with Forest City Enterprises, Inc. (Forest) (defendant), to build a retail location on property owned by Polk that would be large enough to accommodate stores for both Polk and Forest. Polk sold appliances and home furnishings, while Forest sold building materials, such as lumber and tools. The cooperative endeavor aimed to take advantage of the complementary nature of each company’s products. However, there were some concerns over competition, and each company agreed not to compete with certain core products offered by the other. Several years after the stores opened, Forest changed management and no longer wanted to be held to the non-compete agreement. Polk brought suit after learning that Forest considered the non-compete agreement to be invalid and sought an injunction to enforce the agreement. The district court found the agreement to constitute market dividing in a per se antitrust violation. The court of appeals confirmed the district court’s rejection of the injunction, and Polk appealed on the issue of whether the agreement was properly categorized as a per se antitrust violation.

Rule of Law


Holding and Reasoning (Easterbrook, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 499,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 499,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial