Faegre Drinker Secures Favorable Resolution for Intermountain Management in New York Antitrust Case

Faegre Drinker represented Intermountain Management, Inc. in reaching a resolution with the New York Office of the Attorney General (OAG) that ended a long-running antitrust action involving ski centers in the Syracuse area.

Faegre Drinker was retained by Intermountain after the OAG obtained a summary judgment order finding that Intermountain violated New York’s Donnelly Act by participating in an unlawful customer allocation agreement. Intermountain owned Labrador Mountain and Song Mountain when it purchased and closed Toggenburg Mountain in 2021. Soon after becoming involved in the case, the Faegre Drinker team successfully sought an evidentiary hearing before Justice Robert E. Antonacci II on the appropriate remedies.

In July 2025, the Faegre Drinker team appeared in New York Supreme Court in Syracuse for a three-day remedies-phase trial. The team presented extensive evidence that behavioral remedies would be more appropriate than divestiture, including through cross-examination of the OAG’s economic expert and preferred buyer and in post-trial briefing.

After the trial and post-trial briefing, but before the Court issued a remedies decision, the OAG agreed to settle the case through an Assurance of Discontinuance. Although it had sought nearly $5 million in damages and statutory penalties, the OAG agreed to dismiss the action against Intermountain with prejudice in exchange for a payment of only $30,000, spread over two years, and a commitment to sell Toggenburg, at a price agreeable to Intermountain, to a third party that has indicated it would like to reopen the ski center for the 2027-28 ski season.

The divestiture of Toggenburg was completed on October 15, 2026, putting an end to the long-running antitrust case. The Faegre Drinker team included business litigation partners Larry Scarborough, Jake Kramer, and Brian Paul, as well as associate Andrew McCarty and paralegal Teri McClintock.

Faegre Drinker represents businesses in complex antitrust litigation and investigations before state and federal enforcement agencies, including matters involving monopolization, price fixing and other competition claims. The firm’s antitrust practice is recognized by Chambers USA and GCR 100. The team included Jake Kramer, who, together with Emily Chow, co-leads the firm's antitrust practice. Both are Chambers USA-ranked litigators.