Case Description
New York brought suit against a ski resort operator, Intermountain Management Inc., under the state’s antitrust law, the Donnelly Act. New York alleged that Intermountain acquired its only competitor in the season-pass skiing services market in the Syracuse area, Toggenburg, and that Intermountain closed Toggenburg after completing the purchase. New York also brought a claim that Intermountain, in connection with its acquisition of Toggenburg, paid Toggenburg’s former owners to agree not to compete with Intermountain or to hire any Intermountain employees for five years. The previous owners of Toggenburg entered into an Assurance of Discontinuance with New York with respect to these allegations.
In February 2025, the Court granted summary judgment in favor of New York, finding that Intermountain’s purchase of Toggenburg and its non-compete and no-poach agreement with the seller of Toggenburg violated the Donnelly Act.
