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Intermountain Management, Antitrust Violation, New York NY, 2023

New York Attorney General Letitia James has secured a victory against Intermountain Management, ruling the company’s illegal shutdown of Toggenburg Mountain violated antitrust laws.

In a landmark decision, Judge Robert E. Antonacci II found that Intermountain’s acquisition and closure of the ski resort in Central New York was part of an anticompetitive strategy to establish a monopoly in the Syracuse market.

Attorney General James filed the lawsuit against Intermountain in October 2022, charging the company with stifling competition and creating a monopoly that led to higher prices for skiers and overcrowded facilities. The lawsuit also cited Intermountain’s “no-poach” clause as an anticompetitive move.

Intermountain had purchased Toggenburg Mountain in 2021, immediately closing the resort and announcing a deed restriction preventing its future use as a ski resort. The company also paid sellers of Toggenburg to sign a non-competition agreement that banned them from competing within a 30-mile radius for five years.

The court found Intermountain’s actions violated New York’s antitrust law by eliminating consumer choice and raising prices. Further proceedings are scheduled to determine the appropriate remedy for the company’s anticompetitive conduct.

This case was handled by the Antitrust Bureau of the Office of the Attorney General, with Deputy Bureau Chief Amy McFarlane leading the investigation.

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