<< /Parent 11 0 R /Type /Page /Type /Page Alexdex. 38 0 obj /Type /Page Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit 52. 36. /Contents [270 0 R 271 0 R 272 0 R] << 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. /Parent 12 0 R << 31 0 obj /Rotate 0 /Rotate 0 64 0 obj /Rotate 0 /Rotate 0 85 0 obj /Count 10 /Annots [] The length of the presentation is 46:09. 0000002929 00000 n 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. . /Type /Page However, temporary injunctive relief may be granted without the posting of a bond in the following situations: 1) injunctions entered "on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof"; or 2) injunctions "issued solely to prevent physical injury or abuse of a natural person." /Contents [350 0 R 351 0 R 352 0 R] >> /Contents [286 0 R 287 0 R 288 0 R] Garcia controll ed the MJ Companies prior to their going into receivership. 32. %PDF-1.6 87 0 obj /Rotate 0 /Parent 9 0 R /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Annots [] /Annots [] 10. Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. /Contents [138 0 R 139 0 R 140 0 R] /Annots [] << >> /Parent 10 0 R The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. What happens if the temporary injunction is not granted? /Type /Page Due to the high costs of transporting MSW, and the substantial travel time to other disposal facilities based on distance, natural barriers, and congested roadways, haulers of MSW from the Anderson, IN and New York City, NY areas, respectively, are limited to transfer station disposal sites located in each of their local areas. 37 0 obj ( /Parent 7 0 R 30 0 obj /CropBox [0 0 612 792] << /Resources 385 0 R endobj Republic would thus be in a position to raise the disposal costs at the landfill and transfer stations which it would own to any new or existing roll-off collection competitor in the Macon, GA area. endobj Does the temporary injunction preserve the Status Quo or does it make a change? .+p>hPhb4yiK=c`/XOv@|fe`iY /Parent 11 0 R endobj Each of these areas is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. << "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. ( /Type /Page /Parent 8 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. << endobj /MediaBox [0 0 612 792] 49 0 obj /Annots [] Amended Complaint "Motion") [ECF(the No. /Rotate 0 18 0 obj << endobj >> clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /Type /Page . The acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste in the Monmouth County, NJ area. /Annots [] /Type /Page To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. >> Rather, these are some additional factors to consider while determining the feasibility of this action: Will the court be able to enforce the injunction, or will it require intensive court supervision? 3601, et seq. /MediaBox [0 0 612 792] /Type /Page 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. For example, for a market consisting of four firms with shares of thirty, thirty, twenty, and twenty percent, the HHI is 2600 (302 + 302 + 202 + 202 = 2600). 5. /Contents [322 0 R 323 0 R 324 0 R] 0000001536 00000 n /Type /Page 47. /MediaBox [0 0 612 792] The acquisition would reduce from three to two the number of significant firms that compete in the collection of small container commercial waste in the Burlington and Camden Counties, NJ area. /Rotate 0 /Type /Page /Rotate 0 /Filter /FlateDecode /Type /Page /Parent 12 0 R >> >> /CropBox [0 0 612 792] 4 0 obj /Resources 377 0 R /Rotate 0 endobj endobj Otherwise, there may be something missed or an unintended consequence when you sue for injunction, which can can bring about dissatisfaction, regardless of who prevails. 6. >> 88 0 obj<>stream /Type /Pages 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. /Parent 12 0 R 80 0 obj << 59. /Resources 133 0 R /MediaBox [0 0 612 792] trailer 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; /Parent 7 0 R endobj /Parent 8 0 R << A .gov website belongs to an official government organization in the United States. 19 0 obj hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. /Count 10 /Type /Pages 63. ( The differences in the types and volume of MSW collected and in the equipment used in collection distinguish small container commercial waste collection from all other types of waste collection activities. /Annots [] 22 and 28 U.S.C. These differences mean that roll-off waste collection firms can profitably increase their charges for roll-off waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. : 01-42230-BKC-AJC . /Annots [] /Type /Page endobj 12 0 obj MSW does not include special handling waste (e.g., waste from manufacturing processes, regulated medical waste, sewage, and sludge), hazardous waste, or waste generated by construction or demolition sites. Obtaining a permit to construct a new disposal facility or to expand an existing one is a costly and time-consuming process, which typically takes many years to conclude. 15. /Rotate 0 75 0 obj /Parent 9 0 R The extension of vote-by-mail options and other accommodations at polling places is necessary. On August 20, . /Rotate 0 Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. 53. /Parent 4 0 R 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. 60 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. >> A temporary injunction is sought to stop a party from engaging in certain conduct or to require a party to engage in certain conduct until a final decision may be made concerning the merits of the dispute. 20 0 obj In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. /Contents [314 0 R 315 0 R 316 0 R] /Contents [326 0 R 327 0 R 328 0 R] 9. endobj /Contents [362 0 R 363 0 R 364 0 R] >> 4 0 obj ( 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. /Annots [] 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. >> /CropBox [0 0 612 792] >> /Type /Pages /MediaBox [0 0 612 792] /CropBox [0 0 612 792] How long will the injunction be effective? 77 0 obj An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. endobj >> << The customer's MSW is stored in much smaller containers (e.g., garbage bags or trash cans) and instead of FEL trucks, waste collection firms routinely use REL or side-load trucks, manned by larger crews (usually, two-or three-person teams). 0000001149 00000 n 22 and 28 U.S.C. 3. /Resources 177 0 R ( /Contents [250 0 R 251 0 R 252 0 R] 15 0 obj /MediaBox [0 0 612 792] >> >> /CropBox [0 0 612 792] << /Rotate 0 /Parent 12 0 R 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. In the Gulf Coast, FL area, the acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. >> 11 0 obj /Type /Page << /Rotate 0 COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . endobj /Resources 137 0 R provide relief to all the individuals affected by APD's action. 61 0 obj /Type /Page /Annots [] 32 0 obj Plaintiff LEAGUE OF WOMEN VOTERS OF FLORIDA ("LWVF" or the "League") is the Florida affiliate of the League of Women Voters of the United States. /MediaBox [0 0 612 792] 22408. /Contents [358 0 R 359 0 R 360 0 R] /Type /Page << >> JURISDICTION AND VENUE 2. /Parent 12 0 R >> /Annots [] /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] << Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Annots [] << /Type /Page /Contents [94 0 R 95 0 R 96 0 R] 24. /Resources 301 0 R JURISDICTION AND VENUE 1. << << Allied and Republic directly compete in small container commercial waste collection service in a number of markets nationwide, including the areas of: 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. 93 0 obj "Norfolk, VA area" means the cities of Chesapeake, Suffolk, Virginia Beach, Norfolk, Poquoson, Newport News and Portsmouth, and York, Surry, James City, Southampton, and Isle of Wight counties, Virginia. /Parent 10 0 R << /Rotate 0 >> Allied and Republic directly compete in the disposal of waste in a number of markets nationwide, including the Anderson, IN; New York City, NY; and Macon, Georgia areas. /Type /Page Secure .gov websites use HTTPS endobj Share sensitive information only on official, secure websites. << 3. /Parent 4 0 R /Annots [] endobj Rather, its about dealing with the future, not something that happened in the past. << 45 0 obj 33. /Parent 10 0 R &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id /Resources 185 0 R 3 0 obj 62. 69. 1331 and 1337. /MediaBox [0 0 612 792] did not involve a claim for declaratory relief. endobj /Resources 341 0 R /Parent 13 0 R /CropBox [0 0 612 792] << /Annots [] Transactions that increase the HHI by more than 100 points in highly concentrated markets presumptively raise antitrust concerns under the Horizontal Merger Guidelines issued by the U.S. Department of Justice and the Federal Trade Commission. 3 0 obj 60. 46 0 obj 0000000817 00000 n Thus, small container commercial 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. There may be disclosure of confidential information such as trade secrets. /Parent 7 0 R "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. 78 0 obj COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. /Parent 7 0 R /CropBox [0 0 612 792] >> /MediaBox [0 0 612 792] IV. After the acquisition, Allied would be a monopolist controlling over 98 percent of the small container Commercial waste hauling market, which has annual revenues of about $5 million. 55. /Type /Page Anderson, IN and New York City, NY are two such areas. /MediaBox [0 0 612 792] <>>> /CropBox [0 0 612 792] In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. 0000000879 00000 n 68. /CropBox [0 0 612 792] /Rotate 0 %PDF-1.5 The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. 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. >> M`5`i`F{qZ That plaintiff recover the costs of this action. /Resources 105 0 R After the acquisition, Allied would control roughly 69 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $25 million. Z( /Annots [] << /Rotate 0 /MediaBox [0 0 612 792] 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . /Annots [] /MediaBox [0 0 612 792] /Contents [130 0 R 131 0 R 132 0 R] /Parent 13 0 R >> /Resources 117 0 R Universities have sent students home, people are remaining in quarantine, poll workers are dropping out, and Supervisors of Elections have closed or moved 112 polling places in 22 counties, in many cases less than a week before the election. /CropBox [0 0 612 792] >> Noncompete Agreements: Protecting Referral Relationships as Legitimate Business Interests, Hiring for Florida Banks and Credit Unions: A Summary of Background Checks and Other Information Required to Comply With Various Regulatory Schemes. Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. /Annots [] << /MediaBox [0 0 612 792] endobj 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . endobj 13. /Contents [226 0 R 227 0 R 228 0 R] Date: Wednesday, June 21, 2000 Document Type: Complaint This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). /Parent 7 0 R /Length 1411 59 0 obj /MediaBox [0 0 612 792] >> endobj /CropBox [0 0 612 792] /Contents [178 0 R 179 0 R 180 0 R] /Contents [134 0 R 135 0 R 136 0 R] /Contents [402 0 R 403 0 R 404 0 R] /Resources 325 0 R << >> /Count 10 In the Clarksville, TN area, the acquisition would reduce from five to four the number of significant firms competing in the collection of small container commercial waste. endobj 0000001994 00000 n stream >> "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /Type /Page #%$""!&+7/&)4)! /Resources 97 0 R /Parent 13 0 R ( << /CropBox [0 0 612 792] 0000001563 00000 n /Parent 12 0 R >> /Count 10 In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . /Rotate 0 /Parent 12 0 R << /MediaBox [0 0 612 792] endobj /Rotate 0 While small container commercial waste collection typically involves a FEL truck making regular stops on pre-scheduled routes to empty numerous containers at multiple customer locations, roll-off waste collection is often performed on an "on-call" basis for customers whose waste is not part of any route. 16 0 obj 25 0 obj <> endobj for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. /CropBox [0 0 612 792] On February 10, 2023, the Court screened the 27 First Amended Complaint and dismissed it for failure to state a claim, with leave to amend within 28 thirty days. /MediaBox [0 0 612 792] /Parent 14 0 R /Annots [] /Length 3282 /Resources 241 0 R Firms that compete in the disposal of MSW can profitably increase their charges to haulers of MSW without losing significant sales to any other firms. << 43 0 obj endobj 51 0 obj /Contents [346 0 R 347 0 R 348 0 R] Section 13(b) of the FTC Act, 15 U.S.C.
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