121 0004

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Edith Ramirez, Chairwoman

Julie Brill

Maureen K. Ohlhausen 

Joshua D. Wright

Terrell McSweeny

 

 In the Matter of

MARKER VÖLKL (International) GmbH,

 a corporation.

Docket No. C-4476

DECISION AND ORDER

The Federal Trade Commission (“Commission”) having initiated an investigation of

certain acts and practices of Marker Völkl (International) GmbH (“Marker Völkl”), a corporation, 

hereinafter sometimes referred to as “Respondent,” and Respondent having been furnished 

thereafter with a copy of a draft of Complaint that counsel for the Commission proposed to 

present to the Commission for its consideration and which, if issued, would charge Respondent

with violations of Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. § 45; 

and

Respondent, its attorneys, and counsel for the Commission having thereafter executed an 

Agreement Containing Consent Order (“Consent Agreement”), containing an admission by 

Respondent of all the jurisdictional facts set forth in the aforesaid draft of Complaint, a statement 

that the signing of said Consent Agreement is for settlement purposes only and does not constitute 

an admission by Respondent that the law has been violated as alleged in such Complaint, or that 

the facts as alleged in such Complaint, other than jurisdictional facts, are true, and waivers and 

other provisions as required by the Commission’s Rules; and

The Commission having thereafter considered the matter and having determined that it 

had reason to believe that Respondent had violated said Act, and that a Complaint should issue 

stating its charges in that respect, and having accepted the executed Consent Agreement and 

placed such Consent Agreement on the public record for a period of thirty (30) days for the 

receipt and consideration of public comments, now in further conformity with the procedure 

described in Commission Rule 2.34, 16 C.F.R. § 2.34, the Commission hereby issues its 

Complaint, makes the following jurisdictional findings, and issues the following Decision and 

Order (“Order”):
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1. Respondent Marker Völkl is a corporation organized, existing, and doing business under 

and by virtue of the laws of Switzerland with its office and principal place of business 

located at Ruessenstrasse 6, 6341 Baar, Switzerland. Marker Völkl is a wholly-owned 

subsidiary of its parent, Jarden Corporation, which is a corporation organized, existing, 

and doing business under and by virtue of the laws of Delaware, with its office and 

principal place of business located at 555 Theodore Fremd Avenue, Rye, New York

10580. 

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding 

and of Respondent, and the proceeding is in the public interest.

ORDER

I.

IT IS ORDERED that, as used in this Order, the following definitions shall apply:

A. “Respondent” means Marker Völkl (International) GmbH, its directors, officers, 

employees, agents, representatives, successors, and assigns, and includes its parent, all 

subsidiaries, divisions, groups, and affiliates controlled by them, and the respective 

directors, officers, employees, agents, representatives, successors, and assigns of each.

B. “Commission” means the Federal Trade Commission.

C. “Agreement” means any agreement, arrangement, contract, combination, or 

understanding, formal or informal, written or unwritten, direct or indirect, between two or 

more Persons.

D. “Endorsement Agreement” means an Agreement between a Ski Company and a living 

natural person providing in part that, for consideration, (1) the Ski Company is authorized 

to utilize the name and/or likeness of the living natural person in connection with the 

advertisement, promotion, or sale of Ski Equipment, and/or (2) the living natural person 

will use and promote the Ski Company’s Ski Equipment; for the avoidance of doubt, the 

following Agreements are not Endorsement Agreements for the purposes of this Order: (1) 

any Agreement between Respondent and a living natural person who is an employee of 

Respondent at the time he or she enters into the Agreement; (2) any Agreement between 

Respondent and another Ski Company in connection with the exclusive licensing of 

intellectual property relating to Ski Equipment; or (3) any exclusive Agreement between 

Respondent and a retailer and/or distributor of Ski Equipment that is not a Ski Company. 

E. “Person” means any living natural person, corporate entity, sole proprietorship, 

partnership, association, joint venture, or trust.

F. “Ski Company” means any Person that, for the purpose of sale, resale, distribution, or 

marketing in or into the United States, manufactures Ski Equipment or causes Ski 

Equipment to be manufactured, and includes all the directors, officers, employees, 
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consultants, agents and representatives of the Ski Company acting on behalf of or at the 

direction of the Ski Company; for the avoidance of doubt, “Ski Company” does not 

include: (1) any employee of Respondent to the extent he or she is acting on his or her 

own behalf; or (2) ski teams or ski pools.

G. “Ski Equipment” means alpine snow skis, ski boots, or ski bindings.

H. “U.S. Skier” means any living natural person who is engaged or has engaged in the sport 

of alpine skiing, and who, at the time the Ski Companies enter into an Agreement that, but 

for the proviso in Paragraph II.A. of this Order, would be prohibited by Paragraph II.A. of 

this Order, is: 

1. a citizen or permanent resident alien (as defined by the US Citizenship and 

Immigration Services) of the United States;

2. a member of the U.S. Ski and Snowboard Association;

3. a member of the U.S. Ski Team;

4. a representative of the United States at the NorAm Cup, the World Cup, or any 

competition sanctioned by the International Ski Federation; or

5. a representative of the United States at the Winter Olympics. 

I. “U.S. Employee” means any living natural person who is a citizen or permanent resident 

alien (as defined by the US Citizenship and Immigration Services) of the United States or 

whose principal place of employment is within the United States. 

II.

IT IS FURTHER ORDERED that in connection with the business of manufacturing, 

distributing, marketing, or selling Ski Equipment in or affecting commerce, as “commerce” is 

defined in Section 4 of the Federal Trade Commission Act, 15 U.S.C. § 44, Respondent shall 

cease and desist from, directly or indirectly, or through any corporate or other device:

A. Inviting, entering into or attempting to enter into, organizing or attempting to organize, 

implementing or attempting to implement, continuing or attempting to continue, soliciting, 

or otherwise facilitating any Agreement, either express or implied, with any Ski Company 

or Ski Companies (other than Respondent) to forbear from soliciting, cold calling, 

recruiting, hiring, contracting with, or otherwise competing for any U.S. Skier to be a 

party to an Endorsement Agreement.

PROVIDED, HOWEVER, that Respondent may enter into, attempt to enter into, or comply 

with a written agreement with any other Ski Company or Ski Companies to forbear from 

competing for any U.S. Skier to be a party to an Endorsement Agreement that (1) is 

reasonably related to a lawful joint venture agreement, or lawful merger, acquisition or 

sale agreement; and (2) is reasonably necessary to achieve such agreement’s 

procompetitive benefits.
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B. Inviting, entering into or attempting to enter into, organizing or attempting to organize, 

implementing or attempting to implement, continuing or attempting to continue, soliciting, 

or otherwise facilitating any Agreement, either express or implied, with any Ski Company 

or Ski Companies (other than Respondent) to forbear from soliciting, cold calling, 

recruiting, hiring, contracting with, or otherwise competing for any U.S. Employee of a

Ski Company.

PROVIDED, HOWEVER, that Respondent may enter into, attempt to enter into, or comply 

with a written agreement with any other Ski Company or Ski Companies to forbear from 

competing for any U.S. Employee of a Ski Company that (1) is reasonably related to a 

lawful joint venture agreement, or lawful merger, acquisition or sale agreement; and (2) is 

reasonably necessary to achieve such agreement’s procompetitive benefits.

PROVIDED, FURTHER, that Respondent may enter into, attempt to enter into, or comply

with written agreements with any other Ski Company or Ski Companies to forbear from 

competing for any employee of a Ski Company if such agreement: (1) is in settlement of

a bona fide dispute relating to the enforcement of an employee’s non- compete or

non-solicitation agreement with the Respondent or the other Ski Company; or (2) is 

included in non-disclosure or confidentiality agreements that Respondent has entered into 

in connection with conducting due diligence relating to a proposed and bona fide merger,

acquisition, or consolidation.

III.

IT IS FURTHER ORDERED that:

A. Within sixty (60) days after the date the Order is issued, Respondent shall submit to the 

Commission a verified written report setting forth in detail the manner and form in which 

the Respondent has complied, is complying, and will comply with this Order.

B. One (1) year after the date the Order is issued, annually for the next two (2) years on the 

anniversary of the date the Order is issued, and at other times as the Commission may 

require, Respondent shall file a verified written report with the Commission setting forth 

in detail the manner and form in which Respondent has complied and is complying with 

the Order.

IV.

IT IS FURTHER ORDERED that Respondent shall notify the Commission at least 

thirty (30) days prior to:

A. Any proposed dissolution of the Respondent;

B. Any proposed acquisition, merger or consolidation of the Respondent; or
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C. Any other change in the Respondent that may affect compliance obligations arising out of 

this Order, including but not limited to assignment, the creation or dissolution of 

subsidiaries, or any other change in the Respondent.

V.

IT IS FURTHER ORDERED that, for the purpose of determining or securing 

compliance with this order, upon written request, Respondent shall permit any duly authorized 

representative of the Commission:

A. Access, during office hours and in the presence of counsel, to all facilities and access to 

inspect and copy all books, ledgers, accounts, correspondence, memoranda and other 

records and documents in the possession or under the control of the Respondent relating to 

any matters contained in this Order; and 

B. Upon five (5) days’ notice to the Respondent and without restraint or interference from 

Respondent, to interview officers, directors, or employees of the Respondent, who may 

have counsel present, regarding such matters. 

VI.

IT IS FURTHER ORDERED that this Order shall terminate on July 3, 2034.

By the Commission.

Donald S. Clark

Secretary

SEAL:

ISSUED: July 3, 2014