Great Atlantic & Pacific Tea Co., Inc. v. Federal Trade Commission
Decided February 22, 1979. Potter Stewart delivered the opinion of the Court.
Docket 77-654 · 440 U.S. 69 (1979) · Cited 102 times
Holding
A buyer who has done no more than accept the lower of two prices competitively offered does not violate 2(f) provided the seller has a meeting-competition defense, and here where Borden had such a defense and thus could not be liable under 2(b) petitioner, who did no more than accept Borden's offer, cannot be liable under 2(f).
The Court’s statement of the holding, from the opinion’s syllabus. The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court — read the official opinion for authority.
How the Justices voted
Decided 7–1.
Majority · 6
- Potter Stewart · delivered the opinion of the Court
- Harry Andrew Blackmun
- Lewis Franklin Powell Jr.
- Warren Earl Burger
- William Hubbs Rehnquist
- William Joseph Brennan Jr.
Concurring · 1
- Byron Raymond White · filed a concurring opinion
Dissenting · 1
- Thurgood Marshall · filed a dissenting opinion
“Concurring” means agreeing with the outcome; any split shown is the Court’s judgment, not each Justice’s reasoning. Source: the Supreme Court Database (Spaeth et al.), Washington University.
Precedents cited
Supreme Court decisions this opinion relies on, ordered by how often it cites each. Cases in our collection link through; others are named.
- Automatic Canteen Co. of America v. Federal Trade Commission · 346 U.S. 61 (1953)
- United States v. United States Gypsum Co. · 438 U.S. 422 (1978)
- Federal Trade Commission v. Simplicity Pattern Co. · 360 U.S. 55 (1959)
- Standard Oil Co. v. Federal Trade Commission · 340 U.S. 231 (1951)
- Federal Trade Commission v. A. E. Staley Manufacturing Co. · 324 U.S. 746 (1945)
- Federal Trade Commission v. Morton Salt Co. · 334 U.S. 37 (1948)
- Corn Products Refining Co. v. Federal Trade Commission · 324 U.S. 726 (1945)
- United States v. Container Corporation of America · 393 U.S. 333 (1969)
- Federal Trade Commission v. Broch · 363 U.S. 166 (1960)
Cited by
Later Supreme Court opinions in our collection that cite this case.
- Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. · 509 U.S. 209 (1993)
- Falls City Industries, Inc. v. Vanco Beverage, Inc. · 460 U.S. 428 (1983)
Official text
Read the official opinion (U.S. Reports, govinfo.gov)
Explore from here
Potter Stewart’s profile · All Supreme Court opinions · The Supreme Court
Source: Supreme Court of the United States, slip opinions (1979). Citation count from the Free Law Project’s CourtListener bulk data. Data last verified 2026-07-03. Informational only; verify against the primary source before relying. Not a consumer report (FCRA).