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US v AMERICAN SKIING COMPANY and S-K-I Click to find out why . . .



Keywords & Phrases
CaseNo: UVASCASKI181832, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: US, State: DC Washington D.C., UniqueCaseRef: LCD>UVASCASKI181832, Judgement, Divestiture, Ski Resorts, Skiing, United States, Skiers, Assets, England, Asc, S-k-i, Competition, Maine, Resorts, Provision, Ski, Complaint Alleges, Transaction, Clayton Act, Residents, Antitrust, Purchasers, Trustee, Entry, Acquisition, Prices, Hampshire, England Weekend, Competitive Impact Statement, Skiing Services, Cranmore, Accomplish, Purpose, Waterville Valley, United States District, Divestitures, Discounts, Representatives, Trips, Account, Travel, Calendar, Distance , ContentID: 120245951

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 112954
15 pages
PDF
2   COMPETITIVE IMPACT STATEMENT
[ see first page and extracted highlights below  ] ItemID: 112953
21 pages
PDF
3 1996-06 FINAL JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 112955
23 pages
PDF
Total Documents: 3 documents , 59 pages
Price: $ 29.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
RESORTS
SKI
MAINE
SKIING
ASC
S-K-I
ENGLAND
PRICES
DISCOUNTS
COMPETITION
TRIPS
RESIDENTS
ACCOUNT
TRAVEL
HAMPSHIRE
DISTANCE
CHARGE
TRANSACTION
BUSINESS
RAISE
CLAYTON ACT
DEFENDANTS
PROPOSED ACQUISITION
CONSUMERS
MARKET
UNITED STATES
LIVING
COMMERCE
VERMONT
                   IN THE UNITED STATES DISTRICT COURT
                      FOR THE DISTRICT OF COLUMBIA

_______________________________ )
UNITED STATES OF AMERICA,            )
     1401 H Street, N.W.             )
     Suite 4000                      )
     Washington, D.C.  20530  )
     (202) 307-1858                  )
                                     )
                   Plaintiff,      )    Civil No.:
                               )
               v.              )
                               )    Filed:
AMERICAN SKIING                      )
      COMPANY, and                   )
     Access Road                     )
     P.O. Box 450                    )
     Bethel, Maine 04217             )
     (207) 824-3000                  )
                                     )
                                     )
S-K-I LIMITED,                     )
     Airport Executive Plaza  )
     #5                              )
     P.O. Box 5494                   )
     West Lebanon, N.H.  03784 )
     (603) 298-5583                  )
                                     )
                   Defendants.       )
_______________________________)

                                  COMPLAINT

     The United States of America, acting under the direction of

the Attorney General of the United States, brings this civil

action to obtain equitable and other relief against the

defendants named and alleges as follows:

     1.    The United States brings this antitrust action to

prevent the proposed acquisition by American Skiing Company

("ASC"), formerly known as LBO Resort Enterprises Corporation, of


SNIPPETS:
  • IN THE UNITED STATES DISTRICT COURT
  • defendants named and alleges as follows:
  • prevent the proposed acquisition by American Skiing Company
  • S-K-I are the two largest owner/operators of ski resorts in New
  • England, and this transaction would combine eight of the largest
  • to which eastern New England residents (i.e., those in Maine,
  • residents practicably can go for day ski trips.
  • During the 1994-95 ski season, ASC and S-K-I accounted
  • defendants of Section 7 of the Clayton Act,
  • ASC and S-K-I sell skiing in interstate commerce.
  • Cranmore in New Hampshire, and Sugarbush in Vermont.
  • Lebanon, New Hampshire, owns four ski resorts:
  • Most skiers must travel some distance from their homes
  • Discounts can be given to a skier who presents a
  • prices when tickets are packaged with lodging,
  • do routinely charge different prices for skiing depending on the
  • charged to weekend skiers living in eastern New England.
  • are reasonable alternatives for these consumers.
  • skiing would be able to raise prices a small but significant
  • much business as to make the price increase unprofitable.
  • relevant market (i.e., a line of commerce and a section of the
  • ASC resulting from this transaction would reduce competition
  • company would account for 50 percent of skier days in this

  • 2 . COMPETITIVE IMPACT STATEMENT

    EXTRACTED KEY WORDS
    JUDGEMENT
    SKIING
    UNITED STATES
    ENGLAND
    COURT
    ASC
    S-K-I
    COMPETITION
    SKIERS
    COMPLAINT ALLEGES
    MAINE
    ANTITRUST
    ENTRY
    ACQUISITION
    CLAYTON ACT
    TRANSACTION
    ENGLAND WEEKEND
    COMPETITIVE IMPACT STATEMENT
    RESIDENTS
    DIVESTITURES
    HAMPSHIRE
    DEFENDANTS
    PROVISION
    ACCOMPLISH
    APPA
    UNITED STATES DISTRICT
    CIVIL ANTITRUST
    AMERICAN SKIING
    OWNER/OPERATORS
    
                    IN THE UNITED STATES DISTRICT COURT
                       FOR THE DISTRICT OF COLUMBIA
    
    ___________________________________)
    UNITED STATES OF AMERICA,             ))
                    Plaintiff,            )     Civil Action No.:
                                          )      96-01308TPJ
                                          )
              v.                          ))) Filed:
    AMERICAN SKIING COMPANY, and          ))
         S-K-I LIMITED,                   ))
                    Defendants.           )
    ___________________________________)
    
                       COMPETITIVE IMPACT STATEMENT
    
         The United States, pursuant to Section 2(b) of the Antitrust
    
    Procedures and Penalties Act ("APPA"), 15 U.S.C. § 16(b)-(h),
    
    files this Competitive Impact Statement relating to the proposed
    
    Final Judgment submitted for entry in this civil antitrust
    
    proceeding.                     I.
    
                    NATURE AND PURPOSE OF THE PROCEEDING
    
         The United States filed a civil antitrust Complaint on June
    
    11, 1996, alleging that American Skiing Company's ("ASC")
    
    proposed acquisition of the ski resorts of S-K-I Limited ("S-K-
    
    I") would violate Section 7 of the Clayton Act, 15 U.S.C. § 18.
    
    The Complaint alleges that ASC and S-K-I are the two largest
    
    owner/operators of ski resorts in New England, and that this
    
    transaction would combine eight of the largest ski resorts in
    
    
    
    this region. In particular, this acquisition would increase
    
    substantially the concentration among ski resorts to which
    
    eastern New England residents (i.e., those in Maine, eastern
    
    SNIPPETS:
  • IN THE UNITED STATES DISTRICT COURT
  • The United States, pursuant to Section 2of the Antitrust
  • files this Competitive Impact Statement relating to the proposed
  • Final Judgment submitted for entry in this civil antitrust
  • The United States filed a civil antitrust Complaint on June
  • 11, 1996, alleging that American Skiing Company's
  • proposed acquisition of the ski resorts of S-K-I Limited would violate Section 7 of the
  • The Complaint alleges that ASC and S-K-I are the two largest
  • owner/operators of ski resorts in New England,
  • eastern New England residents (i.e., those in Maine, eastern
  • certain divestitures that would preserve competition for skiers
  • New Hampshire, to one or more purchasers who have the capability
  • defendants' other assets and businesses.
  • The Parties and the Proposed Transaction
  • combining the two largest owner/operators of ski resorts in New
  • The Complaint alleges that the provision of weekend and day
  • eastern New England weekend skiers and Maine day skiers.
  • The divestitures ordered in the proposed Final Judgment will
  • accomplish the ordered divestitures within the specified one hundred
  • with the provisions of the APPA, provided that the United States has

  • 3 . FINAL JUDGMENT

    EXTRACTED KEY WORDS
    DIVESTITURE
    JUDGEMENT
    ASSETS
    PLAINTIFF
    COURT
    UNITED STATES
    PROVISION
    PURCHASERS
    TRUSTEE
    ATTORNEY
    SKIING SERVICES
    CRANMORE
    PURPOSE
    WATERVILLE VALLEY
    REPRESENTATIVES
    ACCOMPLISH
    CALENDAR
    UNITED STATES DISTRICT
    COMPETITION
    PURSUANT
    MARKETING
    REQUIRED DIVESTITURE
    COMPLIANCE
    ADJUDICATION
    COMPLAINT
    EMPLOYEES
    REAL PROPERTY
    BUSINESSES
    AFFIDAVIT
    
                             IN THE UNITED STATES DISTRICT COURT
                             FOR THE DISTRICT OF COLUMBIA
    
    _______________________________)
    UNITED STATES OF AMERICA,              )
                                      )
                       Plaintiff,          )        Civil No.:
                                           )
                       v.                  ))       Filed:
    AMERICAN SKIING                        )
    COMPANY, and                           ))
    S-K-I LIMITED,                         ))
                       Defendants.         )
     ______________________________)
    
                                     FINAL JUDGMENT
    
    
         WHEREAS, plaintiff, United States of America, having filed
    
    its Complaint herein on June                 , 1996, and plaintiff and
    
    defendants, by their respective attorneys, having consented to
    
    the entry of this Final Judgment without trial or adjudication of
    
    any issue of fact or law herein, and without this Final Judgment
    
    constituting any evidence against or an admission by any party
    
    with respect to any issue of law or fact herein;
    
         AND WHEREAS, defendants have agreed to be bound by the
    
    provisions of this Final Judgment pending its approval by the
    
    Court;
    
         AND WHEREAS, the essence of this Final Judgment is prompt
    
    and certain divestiture of assets to assure that competition is
    
    not substantially lessened;
    
         AND WHEREAS, plaintiff requires defendants to make certain
    
    
    
    divestitures for the purpose of remedying the loss of competition
    
    SNIPPETS:
  • IN THE UNITED STATES DISTRICT COURT
  • WHEREAS, plaintiff, United States of America, having filed
  • any issue of fact or law herein, and without this Final Judgment
  • defendants have agreed to be bound by the
  • divestitures for the purpose of remedying the loss of competition
  • alleged in the Complaint;
  • as grounds for asking the Court to modify any of the divestiture
  • without trial or adjudication of any issue of fact or law herein,
  • and employees acting for or on behalf of any of them.
  • "Divestiture Assets" means:
  • Waterville Valley resort in Campton, New Hampshire,
  • Service), deeded development rights to real property,
  • marketing or consumer surveys relating to
  • of skiing services to customers at the Waterville Valley
  • Cranmore resort in North
  • that the purchaser or purchasers agree to be bound by the
  • to exceed ninety calendar days in toto.
  • possible purchase that the sale is being made pursuant to this
  • whose employment substantially relates to the provision of skiing
  • purchasers as part of a viable, ongoing business or businesses
  • APPOINTMENT OF TRUSTEE
  • accomplish the divestiture at the best price then obtainable upon
  • trustee in accomplishing the required divestiture.
  • purpose of the trust.
  • defendants' compliance with Sections IV or V of this Final
  • Each such affidavit shall include, inter alia, the
  • Duly authorized representatives of the United States
  • upon written request of the Attorney
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