Intermountain’s Shutdown of Toggenburg Mountain Investigation

By Bruno OrtegaConsumer Protection, Deceptive Trade Practice

Migliaccio & Rathod LLP is investigating Intermountain Management for allegedly engaging in anticompetitive “capture-and-kill” tactics by purchasing and permanently shutting down Toggenburg Mountain, a key competitor in the Central New York ski resort market.

According to a lawsuit filed by the New York Attorney General’s Office, Intermountain, owners of Labrador and Song Mountains, acquired Toggenburg Mountain in 2021 and immediately closed it, removing a long-standing competitor from the Syracuse-area ski industry.

Intermountain Management Allegedly Created a Local Ski Resort Monopoly

The lawsuit alleges that, after the acquisition, Intermountain:

  • Imposed a deed restriction preventing Toggenburg from ever reopening as a ski resort;

  • Entered into a paid non-compete agreement with the sellers, barring them from opening another ski resort within a 30-mile radius for five years;

  • Included a no-poach clause preventing the sellers from hiring Intermountain employees.

These actions allegedly violated New York antitrust laws, including the Donnelly Act, by:

  • Eliminating competition in the regional ski market;

  • Reducing consumer choice for winter sports enthusiasts;

  • Driving up lift ticket prices;

  • Causing overcrowding at the remaining ski resorts owned by Intermountain.

Court Rules Against Intermountain in Landmark Antitrust Decision

In March 2025, a court granted summary judgment in favor of the New York Attorney General, ruling that Intermountain’s acquisition and shutdown of Toggenburg, as well as its non-compete and no-poach agreements, constituted unlawful anticompetitive behavior under state law.

Were You Affected by the Closure of Toggenburg Mountain?

If you:

  • Worked at Toggenburg Mountain

  • Were part of the local ski industry affected by Intermountain’s restrictions

  • Or lost out on employment or business opportunities due to this acquisition

— you may have a legal claim under New York antitrust and labor laws.

Fill out the form on this page, email [email protected], or call (202) 470-3520 for a free and confidential consultation.

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