Vail Resorts, Alterra Face Antitrust Lawsuit for Ikon and Epic Passes

A new class action lawsuit filed on behalf of skiers alleged that the snow industry conglomerates Alterra Mountain Company and Vail Resorts have “unlawfully inflated prices” and used “anticompetitive bundling practices tied to their multi‑mountain season passes.”

The complaint, filed by the firm DiCello Levitt and co-counsel, argued that the two companies pushed skiers towards Epic (Vail Resorts) and Ikon (Alterra) Passes by charging “exorbitantly high prices” for single-day lift tickets. 

“This coerces customers into buying their multi-mountain season pass offerings which [skiers] then view as more cost effective as compared to a lift ticket,” the lawsuit reads.

The flagship Vail Resorts and Alterra products, often called mega passes, provide access to many mountains, from smaller local resorts to well-known marquee destinations, like Jackson Hole or Vail Mountain, according to the complaint.

“As a result, [independent ski areas] must compete not only against a nearby Epic/Ikon Regional Ski Area, but against the combined value of a nationwide destination portfolio plus local access—all sold in one bundle,” the complaint alleged. Bundles, in this case, refer to Epic and Ikon Passes.

The complaint also argued that the Indy Pass, a mega pass specifically for independent ski areas, isn’t a substitute because it only includes two days of access at each mountain and doesn’t cover any “destination” resorts. In contrast, the Epic Pass or Ikon Pass includes unlimited or, sometimes, seven or fewer days of access to mountains. 

Overall, Vail Resorts and Alterra have violated federal and Colorado antitrust laws by stifling competition and forcing skiers to pay supracompetitive—or artificially high—prices, DiCello Levitt claimed in a news release.

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“For years, skiers have been told that soaring lift‑ticket prices, reduced choice, and overcrowding are simply the new reality,” Greg Asciolla, a lead attorney for the plaintiffs, said in a release.

“Our complaint alleges that these outcomes are not the result of healthy competition, but of exclusionary conduct by two companies that dominate access to the most desirable destinations,” Asciolla added.

Plaintiffs are seeking monetary damages from Vail and Alterra. KPCW reported that a class hasn’t been certified yet, but it’s slated to include anyone in the U.S. who bought an Epic or Ikon Pass in the past four years.

While the complaint doesn’t level a monopolization claim against Vail or Alterra, said DiCello Levitt partner Carrie Syme in an email, it does ask for court orders that would stop the companies’ “alleged anticompetitive pricing and bundling practices.”

“The requested relief is aimed at preventing defendants from continuing conduct that inflates single‑day lift‑ticket prices as well as pass prices, restricts choice, and curtails competition from independent ski resorts,” said Syme.

Alterra declined to comment on active litigation. But Vail Resorts, in a statement, said the lawsuit’s claims were “without merit.”

“We launched the Epic Pass in 2008 to make skiing and riding more accessible, reducing the price of a season pass by 60%,” the company’s statement continued. “We’re proud [of] that 18 years later, it’s still one of the best values in the industry, especially following our further 20% price reduction in 2021.”

In the statement, the company noted that as it acquired smaller ski areas, it launched new, lower-priced pass products for “guests who only want to ski close to home.” Several Epic Pass products, like the Tahoe Value Pass, cost less than $1,000, offering access to smaller clusters of localized ski areas. 

Vail Resorts also pointed to its renewed efforts that make day tickets less expensive. 

The new Epic Friend Ticket program gives Epic Pass holders up to 50% discounted tickets they can pass off to their friends and family. Super Advanced Lift Tickets offer around 30% off tickets bought four or more weeks in advance. At the destination resort Vail Mountain, day tickets range from $132 to $335 on peak days, depending on how they’re bought.

“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,” Vail Resorts’ statement read.

Alterra sells the Session Pass, ticket bundles that can be used at multiple ski resorts and cost less per day than day-of window prices. Vail Resorts offers the similar Epic Day Pass.

You can view the complaint here.