Antitrust enforcement in the ski industry has been a rarity. But recently, the New York attorney general prevailed in an action challenging the acquisition and shuttering of a ski mountain in the Syracuse area.
The summary judgment victory in New York v. Intermountain Management Inc. was notable because, for the first time, a court explicitly held that the prohibition on agreements that restrain competition, as set forth in New York's antitrust law, the Donnelly Act, encompasses mergers and acquisitions.
In his decision, Justice Robert Antonacci, a New York Supreme Court justice in Onondaga County, clarified that in evaluating claims under the Donnelly Act, a court may rely upon Clayton Act jurisprudence.
This article examines the pertinent facts and holding of this case, which was limited to New York law, to underscore the growing trend among state antitrust enforcers to scrutinize and challenge anticompetitive conduct under state law.
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