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

COMPLAINT

Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the 

authority vested in it by said Act, the Federal Trade Commission (“Commission”), having reason 

to believe that Marker Völkl (International) GmbH (“Marker Völkl”), a corporation, hereinafter 

sometimes referred to as “respondent,” has violated the provisions of said Act, and it appearing 

to the Commission that a proceeding in respect thereof would be in the public interest, hereby 

issues its complaint stating its charges in that respect as follows:

Nature of the Case

1. This action addresses anticompetitive conduct in the ski equipment industry. Beginning 

in or about 2004, Marker Völkl and its rival Tecnica Group, SpA. (“Tecnica”) agreed not 

to compete with one another for the endorsement services of ski athletes. In 2007, the 

companies further agreed not to compete for employees. Both agreements are unfair 

methods of competition, and violate Section 5 of the Federal Trade Commission Act, 15 

U.S.C. § 45.

Marker Völkl

2. 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 manufactures, markets, and 

sells skis (under the Völkl brand) and ski bindings (under the Marker brand). Marker 

Völkl sells its skis and ski bindings in or into the United States. Since 2007, Marker 

Völkl has been a wholly-owned subsidiary of its parent, Jarden Corporation, a 

corporation organized, existing, and doing business under and by virtue of the laws of 
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Delaware, with its office and principal place of business located at 555 Theodore Fremd 

Avenue, Rye, New York 10580. 

3. At all times relevant herein, Marker Völkl has been, and is now, a corporation as 

“corporation” is defined in Section 4 of the Federal Trade Commission Act, 15 U.S.C. § 

44. 

4. The acts and practices of respondent, including the acts and practices alleged herein, are 

in commerce or affect commerce, as “commerce” is defined in Section 4 of the Federal 

Trade Commission Act, 15 U.S.C. § 44.

The Ski Equipment Businesses of Marker Völkl and Tecnica

5. Marker Völkl manufactures, markets, and sells skis (Völkl brand) and ski bindings 

(Marker brand). 

6. For many years, Tecnica specialized in the manufacture and sale of ski boots. Tecnica 

acquired the Nordica ski equipment unit from Benetton Group SpA. in 2003. The 

Nordica unit manufactured and sold both skis and ski boots.

7. Tecnica acquired a second ski manufacturer, Blizzard GmbH, in 2006. Currently, 

Tecnica, is the fourth largest seller of skis in the United States.

8. In 1992, Tecnica and Marker Völkl began collaborating in the marketing and distribution 

of certain complementary ski equipment: Völkl brand skis, and Tecnica brand ski boots. 

Initially, these companies were not competitors: Tecnica did not have a ski product;

Marker Völkl did not have a ski boot product. 

9. The ski brands later acquired by Tecnica (Nordica and Blizzard brands) were not 

included in the Tecnica/Marker Völkl collaboration. That is, Tecnica independently 

manufactures, markets, and distributes Nordica skis and Blizzard skis in competition with 

Völkl skis.

10. Tecnica and Marker Völkl terminated their collaboration in the United States in 2008,

and in other regional markets over the period 2008 through 2010.

Competition for Ski Athlete Endorsements

11. The most effective and most costly tool for marketing ski equipment consists of securing 

endorsements from prominent ski athletes. Endorsers include world class and

professional athletes who compete in organized ski competitions (such as the World Cup 

and the Olympics), “junior” athletes who show the potential to develop into world class 

athletes, skiers whose performance attracts significant media attention (such as extreme 

skiers), and other “opinion leaders” (such as ski instructors and ski patrollers).
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12. Endorsement agreements between a ski equipment company and a ski athlete are 

typically of short duration, and are subject to renewal. Commonly, the ski athlete: (i)

authorizes the company to use the athlete’s name and likeness in promotions and in 

advertisements, (ii) agrees to use and promote the company’s equipment on an exclusive 

basis, (iii) agrees to display the company’s equipment when the athlete can attract media 

exposure, such as by taking the skis to the podium when receiving a medal, and/or (iv) 

agrees to appear at promotional events on behalf of the company. The association of a 

ski equipment brand with a prominent ski athlete generates sales, goodwill, and other 

benefits for the company.

13. As consideration for the ski athlete’s endorsement services, the ski equipment company 

commonly provides the ski athlete with monetary compensation (keyed to the athlete’s 

success in competitions), support services at competitions, free or discounted equipment, 

and/or travel expenses.

14. Ordinarily, ski equipment companies compete with one another to secure the 

endorsement services of prominent ski athletes. At the expiration of an endorsement 

agreement, a ski athlete can be induced to switch from one company to another in return 

for greater compensation, in much the same way that an employee can be induced to 

change employers in return for a higher salary or better benefits.

15. Endorsement agreements are the primary source of income for professional ski athletes. 

Among professional skiers, the common wisdom is: To make money in this sport, ski 

fast—and endorsement deals may follow.

The Anticompetitive Agreements

16. In or about 2004, Marker Völkl and Tecnica agreed not to compete with one another to 

secure the endorsement services of ski athletes. Specifically, Marker Völkl agreed not to 

solicit, recruit, or contract with a ski athlete who previously endorsed Nordica brand skis 

or who was otherwise claimed by Tecnica. Tecnica agreed not to solicit, recruit, or 

contract with a ski athlete who previously endorsed Völkl brand skis or who was 

otherwise claimed by Marker Völkl. 

17. In 2005, Marker Völkl and Blizzard GmbH agreed not to compete with one another to 

secure the endorsement services of ski athletes. Specifically, Marker Völkl agreed not to 

solicit, recruit, or contract with a ski athlete who previously endorsed Blizzard brand skis 

or who was otherwise claimed by Blizzard GmbH. Blizzard GmbH agreed not to solicit, 

recruit, or contract with a ski athlete who previously endorsed Völkl brand skis or who 

was otherwise claimed by Marker Völkl. 

18. In or about January 2007 – shortly after Tecnica’s acquisition of Blizzard GmbH –

executives of Marker Völkl met with executives of Tecnica to review the inter-company 

collaboration and the non-compete agreements. Marker Völkl and Tecnica reaffirmed 
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that the companies would not compete with one another to secure the endorsement 

services of ski athletes. Marker Völkl and Tecnica intended that these athlete noncompete agreements would enable them to avoid bidding up the cost of securing athlete 

endorsements.

19. At the January 2007 meeting, Marker Völkl and Tecnica also agreed to expand the scope

of their non-compete agreements. Marker Völkl and Tecnica agreed not to compete for 

the services of any employee. Specifically, Marker Völkl agreed not to solicit, recruit, or 

contract with any employee of Tecnica. Tecnica agreed not to solicit, recruit, or contract 

with any employee of Marker Völkl. Marker Völkl and Tecnica intended that this 

employee non-compete agreement would enable them to avoid bidding up the salaries 

paid to employees.

20. In furtherance of the athlete non-compete agreements and the employee non-compete 

agreement, executives of Marker Völkl and Tecnica communicated the terms of these 

agreements to company managers with responsibility for recruiting ski athletes and for 

hiring employees.

21. Christoph Bronder, the President and Chief Executive Officer of Marker Völkl, 

aggressively policed the Marker Völkl/Tecnica non-compete agreements, and complained 

to Tecnica when he detected a potential violation.

22. The restraints on competition agreed to by Marker Völkl and Tecnica were not 

reasonably necessary for the formation or efficient operation of the collaboration between 

the companies. The ski businesses of Tecnica (the Nordica and Blizzard brands) were at 

all times outside of and apart from the collaboration. Consequently, the restraints did not 

align the disparate incentives of the companies in a manner that promoted the cognizable 

efficiency goals of the collaboration. Also, the restraints adversely affected competition 

for – and the compensation available to – athletes and employees whose services were 

unrelated to the collaboration. 

23. Marker Völkl’s conduct, as alleged herein, had the purpose, capacity, tendency, and 

likely effect of (i) restraining competition unreasonably, (ii) harming the economic 

interests of ski athletes, and (iii) harming the economic interests of the affected 

employees of Marker Völkl and Tecnica.

Violations Alleged

24. As set forth in paragraphs 16 through 23 above, Marker Völkl and Tecnica agreed to 

restrain competition in violation of Section 5 of the Federal Trade Commission Act, as 

amended, 15 U.S.C. § 45.
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25. The acts and practices of respondent, as alleged herein, constitute unfair methods of 

competition in or affecting commerce in violation of Section 5 of the Federal Trade 

Commission Act, as amended, 15 U.S.C. § 45. Such acts and practices, or the effects 

thereof, will continue or recur in the absence of appropriate relief.

WHEREFORE, THE PREMISES CONSIDERED, the Federal Trade Commission on 

this third day of July, 2014, issues its complaint against respondent.

By the Commission.

Donald S. Clark

Secretary

SEAL: