To me, this appears to me no more than a fishing expedition by a group seeking a settlement payment to have them go away.
The mega passes are a great benefit to anyone planning to ski more than seven or so days a season. As you document, this results in season pass prices declining at all but a few areas. This reminds me of frivolous government regulation of big tech because they effectively reduced their costs of services to consumers to zero, thwarting competition. Only in America are lower prices anti-competitive. As Frederic Bastiat famously opined “the interests of the consumers are the interests of the human race.”
Using my ancient experience as a cost accountant, I find it interesting in this debate that no one asks what it costs to turn the lifts every day. In my early years as a CFO at a ski area, I took the time to determine the total cost, considering all factors: labor, materials, direct overhead, and indirect overhead. If you factor in the undetermined number of paying skiers by day, there are more days you lose money than make money based on pre-mega pass times pricing, both from passes and day tickets
So from my perspective, the argument that mega passes are overpriced, be careful what you ask for, because they are a super deal based on what the costs are. Yes, the lift ticket pricing is a bit over the top and reflective of the cost/person and does drive one to look at the alternative of buying a pass, but is that illegal?
I'm not a big fan of the corporate ski area structure, but not because of their pricing. It is more about the lack of local control and local vibe. Yeah, I know Alterra says they let the mountains run how they want, but that just isn't the way it is. Just ask the GM of an Alterra Mountain.
As a lawyer, I don't see this surviving Summary Judgment for the exact reasons you point out. As much as I am anti-Vail and pro-Indy, the epic pass is still cheaper than most season passes, and certainly the season pass at any destination resort. Aside from the facial weakness of the 'anticonsumer bundle pricing', there is also a clear business rationale to encouraging passes over individual lift tickets beyond unfairly maximizing profit; stability of revenue streams keeps mountains from going bankrupt of there's a year or two of bad winters.
Not surprised you and I agree. Again. Idiotic lawsuit. I would pick and nit and make the case that Vail has degraded the ski experience at several of their resorts, especially Park City and Whistler. Lousy operations and service, too damn many recreational skiers from Brooklyn. No complaints about any Alterra joint I've visited. If skiers couldn't get justice after the Vail melt down year ripped them off, there never will be justice. Oh, well. Bad snow year and I won't get my Ikon under 70 bucks a day. Sucks. I should sue.
To me, this appears to me no more than a fishing expedition by a group seeking a settlement payment to have them go away.
The mega passes are a great benefit to anyone planning to ski more than seven or so days a season. As you document, this results in season pass prices declining at all but a few areas. This reminds me of frivolous government regulation of big tech because they effectively reduced their costs of services to consumers to zero, thwarting competition. Only in America are lower prices anti-competitive. As Frederic Bastiat famously opined “the interests of the consumers are the interests of the human race.”
Using my ancient experience as a cost accountant, I find it interesting in this debate that no one asks what it costs to turn the lifts every day. In my early years as a CFO at a ski area, I took the time to determine the total cost, considering all factors: labor, materials, direct overhead, and indirect overhead. If you factor in the undetermined number of paying skiers by day, there are more days you lose money than make money based on pre-mega pass times pricing, both from passes and day tickets
So from my perspective, the argument that mega passes are overpriced, be careful what you ask for, because they are a super deal based on what the costs are. Yes, the lift ticket pricing is a bit over the top and reflective of the cost/person and does drive one to look at the alternative of buying a pass, but is that illegal?
I'm not a big fan of the corporate ski area structure, but not because of their pricing. It is more about the lack of local control and local vibe. Yeah, I know Alterra says they let the mountains run how they want, but that just isn't the way it is. Just ask the GM of an Alterra Mountain.
As a lawyer, I don't see this surviving Summary Judgment for the exact reasons you point out. As much as I am anti-Vail and pro-Indy, the epic pass is still cheaper than most season passes, and certainly the season pass at any destination resort. Aside from the facial weakness of the 'anticonsumer bundle pricing', there is also a clear business rationale to encouraging passes over individual lift tickets beyond unfairly maximizing profit; stability of revenue streams keeps mountains from going bankrupt of there's a year or two of bad winters.
Not surprised you and I agree. Again. Idiotic lawsuit. I would pick and nit and make the case that Vail has degraded the ski experience at several of their resorts, especially Park City and Whistler. Lousy operations and service, too damn many recreational skiers from Brooklyn. No complaints about any Alterra joint I've visited. If skiers couldn't get justice after the Vail melt down year ripped them off, there never will be justice. Oh, well. Bad snow year and I won't get my Ikon under 70 bucks a day. Sucks. I should sue.
Thanks for the analysis - I think the lawyers who filed this should have retained you first!!