Three law firms filed a class-action antitrust lawsuit against Vail Resorts and Alterra Mountain Company March 23.
In a press release, the attorneys say the two companies’ “mega” Epic and Ikon passes have resulted in “soaring lift‑ticket prices, reduced choice and overcrowding” nationwide.
That includes Park City, where the two go head-to-head. Vail owns Park City Mountain, and Alterra owns Deer Valley Resort.
A spokesperson for Alterra said the company doesn’t comment on active litigation. A Vail spokesperson said “these claims are without merit” — the company contends that its Epic Pass has made skiing more accessible.
The federal lawsuit was filed in Colorado, where both Vail and Alterra are based, and takes aim at their signature season passes.
What the plaintiffs argue
The plaintiffs' attorneys from DiCello Levitt, Berger Montague PC and Salah PC claim the widespread resort access that Epic and Ikon provide are an example of illegal “tying” or “bundling.”
In antitrust law, anticompetitive tying occurs when a company forces consumers to buy a product they don’t want as a condition of buying what they do.
In the case of skiing, the plaintiffs are saying there are smaller “regional ski areas” and the big, desirable “destination ski resorts” — places like Park City, Deer Valley, Palisades Tahoe, Whistler Blackcomb, Mammoth Mountain and Vail itself.
The plaintiffs argue that Epic and Ikon bundle destination access with access to smaller, local ski areas, violating Colorado and federal laws.
That pushes out independent resorts trying to compete with Vail and Alterra's “regional ski areas,” according to the lawsuit. It also says that makes skiing more expensive and crowded.
In a recent interview with The Wall Street Journal, Vail Resorts CEO Rob Katz denied crowding, or skiing in general, has gotten worse.
He said ski areas have upgraded their infrastructure as the sport becomes more accessible and grows in popularity.
A short history of Epic and Ikon
Katz recently resumed the chief executive post after Kirsten Lynch stepped down months after Park City Mountain’s ski patrollers went on strike, hampering mountain operations during the post-Christmas 2024 rush. He introduced the Epic Pass in 2008 during his initial 15-year stint as CEO.
Alterra followed suit with the Ikon Pass in 2018. The company’s CEO Jared Smith is stepping down at the end of this winter.
Alterra is owned by private equity, not publicly traded like Vail. Over the years, Vail’s shareholder reports have shown that “mega passes” insulate the ski business from the whims of the weather.
For example, record-low snowfall has meant Vail’s overall skier visits are down 12% this season, but net ski resort revenue is down less than 5%.
March 24, an adult day pass at Park City was about $351 before taxes and fees. Deer Valley was charging $319. That’s all while both resorts were gradually closing terrain amid a record-warm March.
Both Vail and Alterra have bought or added more mountains to their passes over the years. But within the categories of “Epic Pass” or “Ikon Pass,” there are differently priced options that offer varying degrees of access.
Next year’s full Epic Pass starts at $1,089 for adults, with new discounts for Gen Z. Prices increase as next winter nears.
The full Ikon Pass is almost $1,400 for next year, with similar deals for those renewing their pass, opting for less access or early birds.
“We will always give the best value to our pass holders who commit ahead of the season — but that said, we have also been intentional to price our lift tickets, sold in season, on a resort-by-resort basis, including numerous new discount opportunities this past season,” a Vail spokesperson told KPCW in an email.
Ski companies faced recent litigation, antitrust scrutiny
Between the two companies, Alterra most recently faced antitrust scrutiny. The Department of Justice investigated, but ultimately allowed, its acquisition of Arapahoe Basin in Colorado two years ago.
Courts previously required Vail to divest from A-Basin before it could acquire Keystone and Breckinridge in 1997.
The lawsuit filed March 23 is intended to be a civil, class-action suit but the court has not yet certified a class. It says anyone in the U.S. who bought an Epic or Ikon pass in the last four years should be included in the class.
Plaintiffs are seeking monetary damages from Vail and Alterra, plus an order that the companies stop their “anticompetitive” behavior.
Lawyers say that class-action lawsuits usually move slowly.
For example, federal court has yet to certify a class in a lawsuit filed more than a year ago over the Park City ski patrol strike. Vail asked a Colorado federal judge to dismiss that case last August and has yet to receive a ruling.
Neither it nor Alterra has responded to the new class-action case in court. Click here to review the complaint.
Deer Valley Resort and Vail Resorts’ EpicPromise foundation are financial supporters of KPCW.
