MOUNT WASHINGTON CONTINUE IN THE HANDS OF THE FEDERAL GOVERNMENT NEXT 60 DAYS PENDING SENATE HEARING FOR A NATIONAL PARK

Public comment was invited within the statutory 60-day comment
period. Such comments, and the responses thereto, are hereby published
in the Federal Register and filed with the Court. Brochures, newspaper
clippings and miscellaneous materials appended to the Public Comments
have not been reprinted here, however they may be inspected with copies
of the Complaint, Stipulation, proposed Final Judgment, Competitive
Impact Statement, Public Comments and Plaintiff's Response in Room 3233
of the Antitrust Division, Department of Justice, Tenth Street and
Pennsylvania Avenue, N.W., Washington, D.C. 20530 (telephone: 202-633-
2481) and at the office of the Clerk of the United States District
Court for the District of Columbia, Third Street and Constitution
Avenue, N.W., Washington, D.C. 20001.
The Complaint
alleged that ASC and S-K-I were the two largest owner/operators of ski
resorts in New England, and that the proposed transaction would combine
eight of the largest ski resorts in this region. In particular, the
acquisition would substantially increase the concentration among ski
resorts to which eastern New England residents (i.e., those in Maine,
eastern Massachusetts and Connecticut, and Rhode Island) practicably
can go for weekend ski trips, and among those to which Maine residents
practicably can go for day ski trips. As a result, this acquisition
threatened to raise the price of, or reduce discounts for, weekend and
day skiing to consumers living in those areas in violation of Section 7
of the Clayton Act.
At the same time the Complaint was filed, the United States also
filed a proposed settlement that would permit ASC to complete its
acquisition of S-K-I's ski resorts, but also require certain
divestitures that would preserve competition for skiers in eastern New
England and Maine. This settlement consists of a Stipulation and a
proposed Final Judgment.
The proposed Final Judgment orders the parties to sell all of S-K-
I's rights, titles, and interests in the Waterville Valley resort in
Campton, New Hampshire, and all of ASC's rights, titles, and interests
in the Mt. Cranmore resort in North Conway, New Hampshire, to one or
more purchasers who have the capability to compete effectively in the
provision of skiing for eastern New England and Maine skiers at
Waterville Valley and Mt. Cranmore. The Stipulation and proposed Final
Judgment also impose a hold separate agreement that requires defendants
to ensure that, until the divestiture mandated by the proposed Final
Judgment has been accomplished, S-K-I's Waterville Valley and ASC's Mt.
Cranmore operations will be held separate and apart from, and operated
independently of, defendants' other assets and businesses, and be
preserved and maintained as saleable and economically viable, ongoing
concerns, with competitively sensitive business information and
decision-making divorced from that defendants' other ski resorts.
A Competitive Impact Statement (``CIS''), explaining the basis for
the complaint and proposed consent decree in settlement of the suit,
was filed on June 18, 1996, and subsequently published for comment,
along with the Stipulation and proposed Final Judgment, in the Federal
Register on June 28, 1996 (61 FR 33765-33774), as required by the
Tunney Act. The CIS explains in detail the provisions of the proposed
Final Judgment, the nature and purpose of these proceedings, and the
proposed acquisition alleged to be illegal.
The United States, ASC, and S-K-I stipulated that the proposed
Final Judgment may be entered after compliance with the Tunney Act. The
plaintiff and defendants have now, with the exception of publishing the
comments and this response in the Federal Register, completed the
procedures the Tunney Act requires before the proposed Final Judgment
can be entered.\1\ The sixty-day period for public comments expired on
August 27, 1996. As of October 1, 1996, the United States had received
98 comments. UNTIL IS COMPLETED SUCH TAKEOVER IS ILLEGAL AND IN TREASON.

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