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UNITED STATES OF AMERICA 

BEFORE FEDERAL TRADE COMMISSION

In the Matter of

MARKER VÖLKL (International) GmbH, 

 a corporation.

File No. 121-0004 

AGREEMENT CONTAINING CONSENT 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 “Proposed Respondent,” and it now appearing that Marker 

Völkl is willing to enter into this Agreement Containing Consent Order (“Consent Agreement”) to 

cease and desist from certain acts and practices and providing for other relief; 

IT IS HEREBY AGREED by and between Proposed Respondent, by its duly authorized 

officers and attorneys, and counsel for the Commission that: 

1. Proposed 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 whollyowned subsidiary of its parent, Jarden Corporation. 

2. Jarden Corporation 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. 

3. This Consent Agreement is for settlement purposes only and does not constitute an 

admission by Proposed Respondent that the law has been violated as alleged in the draft of 

Complaint here attached, or that the facts as alleged in the draft of Complaint, other than 

jurisdictional facts, are true. 

4. Proposed Respondent admits all the jurisdictional facts set forth in the draft of Complaint 

here attached. 
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5. Proposed Respondent waives: 

a. any further procedural steps; 

b. the requirement that the Commission’s Decision and Order, attached hereto and made a 

part hereof, contain a statement of findings of fact and conclusions of law; 

c. all rights to seek judicial review or otherwise to challenge or contest the validity of the 

Decision and Order entered pursuant to this Consent Agreement; and 

d. any claim under the Equal Access to Justice Act. 

6. Proposed Respondent shall submit an initial compliance report within twenty (20) days of 

the date it signs this Consent Agreement, pursuant to Commission Rule 2.33, 16 C.F.R. § 

2.33, signed by Proposed Respondent setting forth in detail the manner in which the 

Proposed Respondent has to date complied, has prepared to comply, and will comply with 

the Decision and Order. Such report will not become part of the public record unless and 

until the Consent Agreement and Decision and Order are accepted by the Commission for 

public comment. 

7. This Consent Agreement shall not become part of the public record of the proceeding 

unless and until it is accepted by the Commission. If this Consent Agreement is accepted 

by the Commission, it, together with the draft of Complaint contemplated thereby, will be 

placed on the public record for a period of thirty (30) days and information with respect 

thereto publicly released. The Commission thereafter may either withdraw its acceptance 

of this Consent Agreement and so notify Proposed Respondent, in which event it will take 

such action as it may consider appropriate, or issue its Complaint (in such form as the 

circumstances may require) and issue its Decision and Order, in disposition of the 

proceeding. 

8. This Consent Agreement contemplates that, if it is accepted by the Commission, and if such 

acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of 

Commission Rule 2.34, 16 C.F.R. § 2.34, the Commission may, without further notice to 

Proposed Respondent, (1) issue and serve its Complaint corresponding in form and 

substance with the draft of Complaint here attached and the Decision and Order in 

disposition of the proceeding, and (2) make information public with respect thereto. 

9. When final, the Decision and Order shall have the same force and effect, and may be 

altered, modified or set aside in the same manner and within the same time provided by 

statute for other orders. The Decision and Order shall become final upon service. Delivery 

of the Complaint and the Decision and Order to Proposed Respondent by any means 

provided in Commission Rule 4.4(a), 16 C.F.R. § 4.4(a) – including, but not limited to, 

delivery to any office within the United States of Jarden Corporation, or of any lawyer or 

law firm listed as Counsel for Proposed Respondent on this Consent Agreement – shall 

constitute service as to the Proposed Respondent. Proposed Respondent waives any right it 

may have to any other manner of service. 
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10. The Complaint may be used in construing the terms of the Decision and Order, and no 

agreement, understanding, representation, or interpretation not contained in the Decision 

and Order or the Consent Agreement may be used to vary or contradict the terms of the 

Decision and Order. 

11. By signing this Consent Agreement, Proposed Respondent represents and warrants that it 

can accomplish the full relief contemplated by the attached Decision and Order and that all 

parents, subsidiaries, affiliates, and successors necessary to effectuate the full relief 

contemplated by this Consent Agreement are parties to the Consent Agreement. 

12. Proposed Respondent has read the draft of Complaint and the Decision and Order 

contemplated hereby. Proposed Respondent understands that once the Decision and Order 

has been issued, it will be required to file one or more compliance reports showing that it 

has fully complied with the Decision and Order. Proposed Respondent agrees to comply 

with the terms of the proposed Decision and Order from the date it signs this Consent 

Agreement. Proposed Respondent further understands that it may be liable for civil 

penalties in the amount provided by law for each violation of the Decision and Order after 

the Decision and Order becomes final. 
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MARKER VÖLKL (International), 

GmbH

By:

Dr. Christoph Bronder 

CEO 

Marker Völkl (International), GmbH 

Dated: ____________ 

Andrew G. Berg 

Greenberg Traurig, LLP 

Counsel for Marker Völkl 

 (International), GmbH 

JARDEN CORPORATION 

By:

James E. Lillie 

Chief Executive Officer 

Jarden Corporation 

Dated: ______________ 

Andrew G. Berg 

Greenberg Traurig, LLP 

Counsel for Jarden Corporation

FEDERAL TRADE COMMISSION

By:

Mark Taylor 

Attorney 

Approved:

Geoffrey M. Green 

Assistant Director 

Bureau of Competition 

Norman Armstrong Jr. 

Deputy Director 

Bureau of Competiti
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. CDECISION 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. 

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, 
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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 noncompete 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 

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. 
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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 twenty (20) years from the 

date on which it becomes final. 

By the Commission. 

Donald S. Clark 

Secretary 

SEAL 

ISSUED: