Appellate Division of the Supreme Court of the State of New York February 23, 2012 (Continental Guest Services Corp. v. International Bus Services, Inc.)

Until the spring of 2009, defendant IBS and defendant City Sights operated competing double-decker sightseeing tour buses in New York City. However, they subsequently formed Twin America, which controls 90% of the double-decker sightseeing tour bus market in New York City;1 the only competitor was nonparty Big Taxi Tours.