From our private database of 14,100+ case briefs...
Tops Markets, Inc. v. Quality Markets, Inc.,
United States Court of Appeals for the Second Circuit
142 F.3d 90 (2d Cir. 1998)
Tops Markets, Inc. (Tops) (plaintiff), was a New York corporation in the retail-supermarket business. In 1991, Tops decided to establish a retail supermarket in Jamestown, New York. Tops found a suitable site and entered an agreement with James V. Paige Jr. (defendant) to buy four parcels on the site. Under the terms of the agreement, Paige would sell the four parcels to Tops and obtain options to purchase the remaining parcels. Quality Markets, Inc. (Quality) (defendant) was a subsidiary of Penn Traffic Company (defendant) and competed against Tops in the retail-supermarket business. After learning of Tops’s attempts to establish a supermarket in Jamestown, Quality reached an agreement with Paige to purchase two non-contiguous parcels of land at Tops’s intended site. The agreement was conditioned on the termination of Paige’s previous contract with Tops. Paige canceled the contract with Tops and sold the parcels to Quality at an above-market price. Tops brought a lawsuit, alleging in part that Quality and Paige had violated § 2 of the Sherman Act by monopolizing or attempting to monopolize the industry. The district court dismissed the claims on summary judgment, and Tops appealed the dismissal.
Rule of Law
Holding and Reasoning (Cardamone, J.)
What to do next…
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 97,000 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.
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 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.