Aspen Skiing Co. v. Aspen Highlands Skiing Corp. (472 U.S. 585)
U.S. Supreme Court · decided June 19, 1985 · Supreme Court Database (Spaeth)
- Citation
- 472 U.S. 585 · 105 S. Ct. 2847
- Decided
- June 19, 1985
- Term
- October Term 1984
- Vote
- 8–0
- Majority author
- Justice Stevens
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Stevens delivered the opinion of the Court. In a private treble-damages action, the jury found that petitioner Aspen Skiing Company (Ski Co.) had monopolized the market for downhill skiing services in Aspen, Colorado. The question presented is whether that finding is erroneous as a matter of law because it rests on an assumption that a firm with monopoly power has a duty to cooperate with its smaller rivals in a marketing arrangement in order to avoid violating §2 of the Sherman Act. Aspen is a destination ski resort with a reputation for “super powder,” “a wide range of runs,” and an “active night life,” including “some of the best restaurants in North America.” Tr. 765-767. Between 1945 and 1960, private investors independently developed three major facilities for downhill skiing: Aspen Mountain (Ajax), Aspen Highlands (Highlands), and Buttermilk. A fourth mountain, Snow-mass, opened in 1967. The development of any major additional facilities is hindered by practical considerations and regulatory obstacles. The identification of appropriate topographical conditions for a new site and substantial financing are both essential. Most of the terrain in the vicinity of Aspen that is suitable for downhill skiing cannot be used for that purpose without the approval of the United States Forest Service. That approval is contingent, in part, on environmental concerns.…
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