Tops Markets, Inc. v. Quality Markets, Inc.
United States Court of Appeals for the Second Circuit
142 F.3d 90 (2d Cir. 1998)
Relevant factsFree
After learning Tops (plaintiff) was securing land to open a Jamestown supermarket, competitor Quality (defendant) reached its own agreement with landowner Paige (defendant) to buy two non-contiguous parcels at Tops's intended site, conditioned on cancelling Paige's contract with Tops, and paid an above-market price for otherwise useless land; the district court dismissed Tops's Sherman Act § 2 claims on summary judgment.
IssueFree
Whether the amount of proof necessary to support a claim of attempted monopolization is less than the amount needed to support a claim of a completed monopolization.