/MediaBox [0 0 612 792] << In 1999, Allied reported total revenues of approximately $6 billion. /Annots [] endobj Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing /Type /Page >> /Annots [] /Resources 169 0 R /MediaBox [0 0 612 792] The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action to enjoin the acquisition of certain waste hauling and disposal assets by Defendants Allied Waste Industries, Inc. ("Allied") and Republic Services, Inc. ("Republic") and to obtain equitable relief and other relief as appropriate. 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. /Rotate 0 /Parent 12 0 R /Parent 11 0 R << On July 28 and October 7, 1999, Allied and Republic entered into separate asset purchase agreements in which they agreed to exchange certain waste-hauling and disposal assets. >> /Pages 4 0 R Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . /CropBox [0 0 612 792] In the Anderson, IN and New York City, NY areas, entry by any new MSW disposal facility would be an extremely costly and time-consuming process, and unlikely to prevent market incumbents from significantly raising prices for the disposal of MSW following the acquisition. /Type /Page /Rotate 0 In the New York City, NY area, the acquisition would reduce from five to four the number of significant firms competing to dispose of commercial MSW. /Count 10 %PDF-1.5 /Contents [394 0 R 395 0 R 396 0 R] << Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Small container commercial service vehicles routinely employ compaction systems on the truck to increase storage capacity, and can empty numerous small containers located on a scheduled route before being driven to a disposal site. /Parent 14 0 R /MediaBox [0 0 612 792] did not involve a claim for declaratory relief. /MediaBox [0 0 612 792] endobj 22408. /Kids [7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R] /MediaBox [0 0 612 792] /Type /Page /Annots [] /CropBox [0 0 612 792] /Rotate 0 /Annots [] /Type /Page %PDF-1.5 % /Resources 277 0 R 67. /CropBox [0 0 612 792] /Contents [338 0 R 339 0 R 340 0 R] (Compl . Alexdex. Section 13(b) of the FTC Act, 15 U.S.C. 66. Significant new entry into small container commercial waste collection service is difficult and time-consuming in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA areas. /Annots [] and Florida Statute 86.011, et seq. In addition, a FEL or REL vehicle cannot be efficiently driven long distances without collecting significant amounts of MSW, which makes it economically impractical for a small container commercial waste collection firm to serve metropolitan areas from a distant base. /CropBox [0 0 612 792] 90 0 obj << To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. >> /Contents [158 0 R 159 0 R 160 0 R] The county court may issue a temporary and permanent injunction where appropriate for violation of ss. /Type /Page /Parent 10 0 R ( The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. 6th Street Ft. Lauderdale, FL 33301 Defendants. >> /Contents [278 0 R 279 0 R 280 0 R] >> Is the injunction prohibitory or mandatory? endstream Pursuant to the purchase agreements, Allied would acquire from Superior: hauling assets in Albany, New York; hauling assets in Augusta, Georgia; hauling assets in Memphis, Nashville and Clarksville, Tennessee; disposal assets in New York, New York; hauling assets in Norfolk, Virginia; and hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida. /Resources 117 0 R In the Norfolk, VA area, the acquisition would reduce from three to two the number of significant firms competing in the collection of small container commercial waste. >> >> 0000003946 00000 n /Resources 261 0 R Plaintiff complains and alleges as follows: 1. /ModDate (D:20220824143048-04'00') %PDF-1.4 % /Contents [106 0 R 107 0 R 108 0 R] /Resources 249 0 R 64. 27 0 obj /Parent 13 0 R 2201-202, and . /CropBox [0 0 612 792] /Annots [] >> << /CropBox [0 0 612 792] /Count 10 /Parent 7 0 R /Contents [354 0 R 355 0 R 356 0 R] 89 0 obj /Parent 11 0 R >> endobj This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. /MediaBox [0 0 612 792] /Contents [206 0 R 207 0 R 208 0 R] "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /Kids [35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R] /Resources 309 0 R 6. Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. >> 72 0 obj /Subtype /XML /Contents [350 0 R 351 0 R 352 0 R] << 23. ( endobj /Annots [] Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. CASE NO. << /S /D 0000002929 00000 n /MediaBox [0 0 612 792] /Contents [358 0 R 359 0 R 360 0 R] Secure .gov websites use HTTPS endobj In their waste collection and waste disposal businesses, defendants make sales and purchases in interstate commerce, ship waste in the flow of interstate commerce, and engage in activities substantially affecting interstate commerce. >> << Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. 52 0 obj /Type /Page endobj endobj /Annots [] /Resources 177 0 R 37 0 obj ( /Parent 8 0 R 91 0 obj << endobj In the Augusta, GA area, the acquisition would reduce from three to two the number of significant competitors in the collection of small container commercial waste. Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. >> On a typical small container commercial waste collection route, an operator drives a FEL vehicle to the customer's container, engages a mechanism that grasps and lifts the container over the front of the truck, and empties the container into the vehicle's storage section, where the waste is compacted and stored. /Type /Page 0000006259 00000 n /Contents [250 0 R 251 0 R 252 0 R] << /Annots [] << /Contents [242 0 R 243 0 R 244 0 R] endobj ( /Resources 181 0 R endobj IV. Although, where available, MSW can be transported to distant landfills through transfer stations using large transfer trailer trucks, the use of transfer stations adds fixed transportation and processing costs. GsYzQh50ee' ( /CropBox [0 0 612 792] /Rotate 0 /Parent 9 0 R "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. Finally, prices for small container service are influenced principally by the density of the routes served by each vehicle; prices for roll-off services are influenced primarily by the distance of the customer's location from the hauler's location and the disposal site, the time required to travel those distances, and the cost of disposal at the disposal site. >> endobj endobj /Parent 9 0 R /Contents [94 0 R 95 0 R 96 0 R] Thus, roll-off waste collection service is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. 7402(a) to prevent such conduct. /Contents [182 0 R 183 0 R 184 0 R] 0000006750 00000 n >> endobj /MediaBox [0 0 612 792] << << Small container commercial waste collection services are generally provided in highly localized areas because to operate efficiently and profitably, a hauler must have sufficient density in its commercial waste collection operations; i.e., a large number of commercial accounts that are reasonably close together. /CropBox [0 0 612 792] The differences in size, type, and volumes of roll-off waste and the equipment used to collect it distinguish roll-off waste collection from all other waste collection services. endobj >> 5.) >> /Parent 14 0 R >> << /Rotate 0 /Annots [] >> /Type /Page /Parent 13 0 R endobj After the acquisition, Allied would control over 40 percent and two firms would control over 65 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. /Type /Page /Contents [202 0 R 203 0 R 204 0 R] 51 0 obj "Louisville, KY/ Sellersburg, IN area" means the cities of Louisville, Kentucky and Sellersburg, Indiana; Jefferson County, Kentucky; and the parts of Floyd and Clark counties, Indiana abutting Jefferson County, Kentucky. /Annots [] Thus, disposal of MSW is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisition under Section 7 of the Clayton Act. /Annots [] <<14CA263718F8354CB34DA495C0495A29>]>> << %PDF-1.6 80 0 obj /Nums [0 6 0 R] /Annots [] 0000001187 00000 n 41 0 obj Therefore, it should not be a decision made lightly. /Contents [386 0 R 387 0 R 388 0 R] x1 04) F&`/MFWxC. Is there any vagueness, or is everything extremely clear? << Suing for an injunction in Florida is all about preserving the status quo. /Resources 409 0 R /Annots [] After the acquisition, Allied would control roughly 30 percent--and two firms about 66 percent--of the New York City, NY area MSW disposal market, which has annual revenues of about $40 million. /Type /Page "New York City, NY area" means the Borough of Brooklyn, New York. Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? 12. ( 29. 0000001469 00000 n /Annots [] /Parent 12 0 R /Author (JacqmeinV) Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . /Contents [102 0 R 103 0 R 104 0 R] 93 0 obj /CropBox [0 0 612 792] If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050. /MediaBox [0 0 612 792] /CreationDate (D:20220824140929-04'00') >> %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr /Contents [366 0 R 367 0 R 368 0 R] /Resources 341 0 R /MediaBox [0 0 612 792] } !1AQa"q2#BR$3br /Annots [] /Type /Pages /CropBox [0 0 612 792] Page 3 of 15 7. endobj endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream /Resources 353 0 R /Type /Page /Resources 361 0 R /Annots [] Suitable landfills are difficult and time-consuming to obtain, and sometimes difficult to expand, because of the scarcity of suitable land, local resident opposition, environmental concerns, and government regulation. hb```"FN%n010pKsg``Z ^^@Y"bL38/4F `} endstream endobj 24 0 obj <> endobj 25 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 26 0 obj <>stream << 25 0 obj <> endobj This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. ( /CropBox [0 0 612 792] /Parent 10 0 R << 32. 61. 0000000879 00000 n /Resources 253 0 R ( << 0 /Contents [198 0 R 199 0 R 200 0 R] 79 0 obj /Rotate 0 /CropBox [0 0 612 792] /MediaBox [0 0 612 792] In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. /Type /Page /CropBox [0 0 612 792] /Rotate 0 >> /Annots [] 5. endobj << /Parent 9 0 R /Resources 329 0 R /Parent 12 0 R hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` /Rotate 0 MSW generated by residential customers, on the other hand, is often collected by either local governments or by private haulers pursuant to contracts bid by, or franchises granted by, municipal authorities. endobj 0000001317 00000 n stream 59 0 obj /Contents [318 0 R 319 0 R 320 0 R] /Type /Page Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. /Rotate 0 A complaint for declaratory relief must allege the following: there is a bona fide dispute between the parties; the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or privilege, or as to some fact upon which existence of such a claim may depend; See Laws of Florida, Ch. That defendants be permanently enjoined from carrying out the acquisitions of those assets in the separate purchase agreements dated July 28 and October 7, 1999, or from entering into or carrying out any agreement, understanding or plan, the effect of which would be to exchange those assets between the defendants; 3. endobj /Annots [] 43. /Type /Page Complaint for Injunctive Relief . >> Does the courts have ability to enforce what you are requesting? Local small container commercial waste collection firms in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA areas can profitably increase charges to local customers without losing significant sales to more distant competitors. endobj An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. The extension ofvote-by-mail options and other accommodations at polling places is necessary. 50 0 obj >> /Resources 101 0 R << Accordingly, injunctive relief ordering the extension of vote-by-mail options and other accommodations at polling places is necessary to protect the fundamental right to vote. /Type /Page 10 0 obj << >> endobj 38. >> 94 0 obj << /MediaBox [0 0 612 792] /Parent 10 0 R /CropBox [0 0 612 792] /MediaBox [0 0 612 792] endstream endobj 29 0 obj <>stream 35. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] On residential routes, the crews generally hand-load the customer's MSW, typically by tossing garbage bags and emptying trash cans into the vehicle's storage section. << 25 0 obj /Parent 13 0 R 20. /Type /Pages endobj endobj 3. endobj 87 0 obj /MediaBox [0 0 612 792] /Parent 4 0 R Official websites use .gov endobj 71 0 obj /Contents [322 0 R 323 0 R 324 0 R] 84 0 obj On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. /Rotate 0 /CropBox [0 0 612 792] /Rotate 0 /CropBox [0 0 612 792] /Kids [85 0 R 86 0 R 87 0 R 88 0 R 89 0 R 90 0 R 91 0 R 92 0 R 93 0 R] /Resources 221 0 R provide relief to all the individuals affected by APD's action. provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. >> /MediaBox [0 0 612 792] 0000001563 00000 n /Resources 297 0 R ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx >> /Annots [] 22. advance, Plaintiffs seek immediate declaratory and injunctive relief that directs Defendants to permit a designated representative of each affected candidate and political party into the recount room, as Florida law requires. /Resources 217 0 R << ( /Contents [162 0 R 163 0 R 164 0 R] /Parent 9 0 R >> JFIF C /MediaBox [0 0 612 792] Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. /Type /Page PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . judgment, and preliminary and permanent injunctive relief and damages. /Resources 213 0 R After the acquisition, Allied would control over 50 percent--and two firms more than 90 percent-- of the small container commercial waste hauling market, which has annual revenues of about $10 million. /MediaBox [0 0 612 792] 46. 76 0 obj The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. << Often businesses do not consider the implications for taking this action. /Contents [230 0 R 231 0 R 232 0 R] MSW is generally transported by collection trucks to landfills and transfer stations, and the availability of disposal sites close to a hauler's routes is a major element that determines a hauler's competitiveness and profitability. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages. The HHI takes into account the relative size and distribution of the firms in a market and approaches zero when a market consists of a large number of firms of relatively equal size. An official website of the United States government.