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27 0 obj /Resources 149 0 R /Parent 9 0 R /Resources 109 0 R ( << /MediaBox [0 0 612 792] /Contents [306 0 R 307 0 R 308 0 R] 51. /Annots [] Because of its characteristics (e.g. << 3. /Rotate 0 Managing Partner _______/s/____________________ Donna E. Patterson Deputy Assistant Attorney General, _________/s/__________________ Constance K. Robinson Director of Operations and Merger Enforcement, ________/s/___________________ J. Robert Kramer II Chief, Litigation II Section, _________/s/__________________ Willie L. Hudgins Assistant Chief, Litigation II Section, ___________/s/________________ Arthur A. Feiveson IL Bar # 3125793, __________/s/_________________ Michael K. Hammaker DC Bar # 233684, __________/s/_________________ Chinita M. Sinkler MD Bar, U.S. Department of Justice Antitrust Division, Litigation II Section 1401 H Street, NW, Suite 3000 Washington, D.C. 20530 (202) 307-0924. A .gov website belongs to an official government organization in the United States. /Type /Page /Annots [] 18. 15 0 obj . /CropBox [0 0 612 792] /Annots [] Does the courts have ability to enforce what you are requesting? << 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. endobj /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. %PDF-1.6 After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. << /MediaBox [0 0 612 792] 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. >> /Type /Page stream /MediaBox [0 0 612 792] 23. Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . /Rotate 0 endobj 91 0 obj >> /Resources 213 0 R endobj >> /Parent 14 0 R /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] 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. >> /Type /Page Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. 69. 81 0 obj << 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. endobj 63. /CropBox [0 0 612 792] /Rotate 0 16 0 obj /Contents [194 0 R 195 0 R 196 0 R] 83 0 obj endobj Parties 13. not /Resources 333 0 R /Type /Page 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. /Type /Page 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . 14. /Contents [162 0 R 163 0 R 164 0 R] provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. Often businesses do not consider the implications for taking this action. 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. /Resources 389 0 R >> /Type /Page 16. /Rotate 0 endobj 29. /CropBox [0 0 612 792] >> - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. /Annots [] 75 0 obj /Type /Pages /CropBox [0 0 612 792] /Parent 8 0 R /Parent 8 0 R /Annots [] /MediaBox [0 0 612 792] /Resources 273 0 R ( 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. /Parent 9 0 R .t. /Type /Page << >> 92 0 obj ]\q( $QSRP@=8`) $CC16 PI_ XL >> /Contents [226 0 R 227 0 R 228 0 R] /Resources 101 0 R /MediaBox [0 0 612 792] >> 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. /CropBox [0 0 612 792] 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. /Resources 305 0 R /Contents [402 0 R 403 0 R 404 0 R] Microsoft Word - 2022-08-24 - Complaint - FINAL /CropBox [0 0 612 792] /Contents [178 0 R 179 0 R 180 0 R] 35. /Resources 353 0 R In the Macon, GA area, the acquisition would reduce from two to one the number of significant firms that compete in the collection of small container commercial waste. /Parent 9 0 R Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. "New York City, NY area" means the Borough of Brooklyn, New York. The roll-off container, when filled, is picked up by roll-off trucks, which are uniquely well suited for roll-off waste collection, and driven to a nearby disposal site, where the container's contents are disposed. >> /CropBox [0 0 612 792] 2320 0 obj<> endobj endobj endobj endobj The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. 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. /MediaBox [0 0 612 792] /Annots [] /Resources 265 0 R Haulers organize their commercial accounts into routes, and collect and transport the MSW generated by these accounts in vehicles uniquely well suited for small container waste collection -- primarily front-end loader ("FEL") trucks. /Annots [] /CropBox [0 0 612 792] << /Annots [] /Type /Page /Contents [118 0 R 119 0 R 120 0 R] >> /Annots [] endobj 13. /Type /Metadata /Contents [354 0 R 355 0 R 356 0 R] endobj /Rotate 0 /Contents [310 0 R 311 0 R 312 0 R] <<14CA263718F8354CB34DA495C0495A29>]>> 7402(a) to prevent such conduct. >> In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. 88 0 obj<>stream /Annots [] << Copyright 2008-2023 Jimerson Birr, P.A. /Rotate 0 xref >> >> /MediaBox [0 0 612 792] Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. and Florida Statute 86.011, et seq. >> /Count 10 /Type /Page C. Reduction in Competition As a Consequence of the Acquisition. << 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. /CropBox [0 0 612 792] endobj /Count 10 << /Type /Page Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. 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. /Resources 401 0 R Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. /MediaBox [0 0 612 792] /Type /Page endstream endobj 29 0 obj <>stream << << endobj 84 0 obj /MediaBox [0 0 612 792] EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. /Filter /FlateDecode 59 0 obj /Type /Page ( /Contents [342 0 R 343 0 R 344 0 R] 0000001852 00000 n << 33 0 obj endobj VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. 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. /Annots [] /Type /Page If the major roll-off collection competitor in a market also controls the primary disposal site(s) therein, other roll-off competitors are at a large disadvantage and entry is difficult. GsYzQh50ee' << 30. Charles B. Jimerson /MediaBox [0 0 612 792] 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. 89 0 obj For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. /Annots [] 64 0 obj 21. /Parent 10 0 R >> Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . /Parent 13 0 R 5. 7 0 obj /Annots [] Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. /Creator (PScript5.dll Version 5.2.2) /Type /Page /Count 9 45], filed on August 192021, . /Contents [390 0 R 391 0 R 392 0 R] /MediaBox [0 0 612 792] /Resources 245 0 R /Type /Page did not involve a claim for declaratory relief. Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. 42 0 obj /MediaBox [0 0 612 792] stream "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. 6 0 obj 22 0 obj ( 62 0 obj 77 0 obj 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . 76 0 obj <> endobj /Resources 185 0 R /Parent 8 0 R /CropBox [0 0 612 792] /Type /Page /Count 10 /Rotate 0 /MediaBox [0 0 612 792] /Type /Page 13 0 obj << /Parent 11 0 R h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< /Annots [] 0000000016 00000 n 12102(1)-(2), the regulations implementing the . 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 18 0 obj On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) /Parent 10 0 R INTRODUCTION . /Annots [] Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. In 1999, Allied reported total revenues of approximately $6 billion. ( << /Contents [362 0 R 363 0 R 364 0 R] /Contents [150 0 R 151 0 R 152 0 R] Complaint for Declaratory and Temporary and Permanent Injunctive Relief (the "Complaint"), which is incorporated herein by this reference.1 As shown in the Complaint, the HRO is null and void for failure to comply with Florida Statutes, the Jacksonville Ordinance Code, and the Rules of the Council of the City of Jacksonville. >> /MediaBox [0 0 612 792] for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. /Resources 285 0 R Allied is located in and transacts business in the District of Columbia, and Republic submits to the personal jurisdiction of the District of Columbia in this proceeding. endobj /MediaBox [0 0 612 792] /Rotate 0 /Contents [246 0 R 247 0 R 248 0 R] ( endobj << << This is an action for injunctive relief. The President of the United States and the Governor of Florida have each declared a state of emergency. ( /Annots [] 68 0 obj ( Last updated on November 21, 2022. /MediaBox [0 0 612 792] /Type /Page _l {:\! 24. << startxref << COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /Contents [298 0 R 299 0 R 300 0 R] 48. /Rotate 0 /Parent 10 0 R /Rotate 0 /Annots [] /Annots [] It is engaged in providing waste collection and disposal services throughout the United States. ( /MediaBox [0 0 612 792] /Contents [98 0 R 99 0 R 100 0 R] 56. 95 0 obj clearly appears from specific facts shown by affidavit or by verified complaint that immediate or << /Resources 253 0 R 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. %PDF-1.3 % >> /CropBox [0 0 612 792] /Resources 129 0 R 38. << Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. After the acquisition, Republic would own two of the three transfer stations, which together would control in excess of 65 percent of the MSW disposal market, which has annual revenues in excess of $3 million. /Annots [] Republic is engaged in providing waste collection and disposal services throughout the United States. >> /Resources 225 0 R relief pursuant to Chapter 86, Florida Statutes. /Rotate 0 /Resources 217 0 R 0000001469 00000 n /Annots [] /Contents [106 0 R 107 0 R 108 0 R] In areas where it is not practical to construct and permit a landfill, it is necessary to put in a transfer station to get the waste to a more distant landfill. Annotations: Subsection (b) of the rule extends the Small Claims Rules to all claims for money or property, even when expressed or coupled with a claim for equitable relief. 0 << endobj 3 0 obj /Annots [] /CropBox [0 0 612 792] After the acquisition, Republic would control over 50 percent--and two firms about 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $22 million. prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. 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. Haulers, therefore, generally establish garages and related facilities within each major local area served. 82 0 obj 65. >> 0000006750 00000 n 0000000817 00000 n Alexdex. 76 0 obj 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. 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. /Contents [346 0 R 347 0 R 348 0 R] 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. Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . 5. 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. /Contents [186 0 R 187 0 R 188 0 R] /Annots [] "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. /Type /Page /Parent 12 0 R << /CropBox [0 0 612 792] >> 36. >> 28 0 obj /Type /Page 22. /Kids [55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R 63 0 R 64 0 R] /Contents [270 0 R 271 0 R 272 0 R] 71 0 obj /Rotate 0 /Annots [] /PageLabels 3 0 R /Resources 261 0 R /Rotate 0 endobj /MediaBox [0 0 612 792] prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. /Contents [338 0 R 339 0 R 340 0 R] /Parent 12 0 R <> Therefore, its important to not consider it a tool for righting a wrong. Preference Primary election in Florida. /Type /Page (ECF No. 88 0 obj /Resources 281 0 R After the acquisition, Allied would control over 40 percent--and two firms would control over 80 percent--of the small container commercial waste hauling market, which has annual revenues of about $8 million. /Type /Page /MediaBox [0 0 612 792] ( /Contents [198 0 R 199 0 R 200 0 R] Roll-off waste collection services are generally provided in localized areas because a roll-off truck cannot be efficiently or profitably driven significantly longer distances than those driven by a competitor to collect and dispose of the waste. Roll-off haulers typically deal with larger waste volumes from a single customer for which disposal costs constitute a greater percentage of the total revenue received for the service. After the acquisition, Republic would control over 85 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. 4. /Resources 105 0 R >> IV. /Contents [214 0 R 215 0 R 216 0 R] /CreationDate (D:20220824140929-04'00') >> /CropBox [0 0 612 792] /Parent 11 0 R 31. << /Annots [] For example, for a market consisting of four firms with shares of thirty, thirty, twenty, and twenty percent, the HHI is 2600 (302 + 302 + 202 + 202 = 2600). judgment, and preliminary and permanent injunctive relief and damages. ( /CropBox [0 0 612 792] /Resources 157 0 R endobj % These differences mean that small container commercial waste collection firms can profitably increase their charges for small container commercial waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. endobj Date: Wednesday, June 21, 2000 Document Type: Complaint This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). /Parent 12 0 R endobj 20 0 obj /CropBox [0 0 612 792] ( endobj 0000002929 00000 n /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] /Rotate 0 endobj JURISDICTION AND VENUE 1. "MSW" means municipal solid waste, a term of art used to describe solid putrescible waste generated by households and commercial establishments such as retail stores, offices, restaurants, warehouses, and non-manufacturing activities in industrial facilities. 40. xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 /Resources 377 0 R %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. /Resources 289 0 R 39 0 obj << /Annots [] /CropBox [0 0 612 792] 62. /MediaBox [0 0 612 792] 10941 and Laws of Florida, Ch. 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. 80 0 obj 46 0 obj "Small container commercial waste collection service" means the business of collecting MSW from commercial and industrial accounts, usually in "dumpsters" (i.e., a small container with one to ten cubic yards of storage capacity), and transporting or "hauling" such waste to a disposal site by use of a front-or rear-end loader truck. /MediaBox [0 0 612 792] endobj ( /Contents [174 0 R 175 0 R 176 0 R] /Type /Pages /Annots [] /CropBox [0 0 612 792] << APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . /Parent 14 0 R (ECF No. 2018 to May 6, 2021. << endobj endobj /Parent 14 0 R Less frequently, haulers may use more maneuverable, but less efficient, rear-end loader ("REL") trucks, especially in those areas in which a collection route includes narrow alleyways or streets. /Contents [142 0 R 143 0 R 144 0 R] /CropBox [0 0 612 792] /Contents [350 0 R 351 0 R 352 0 R] 17 0 obj /Rotate 0 endobj endobj /Parent 7 0 R 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; endobj /Type /Page /Resources 237 0 R /Resources 181 0 R % Official websites use .gov /Contents [278 0 R 279 0 R 280 0 R] endobj /Type /Page >> /Rotate 0 /Rotate 0 /Parent 12 0 R >> 50 0 obj /Rotate 0 /Rotate 0 << /CropBox [0 0 612 792] >> /Parent 12 0 R endobj 2 0 obj "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. endstream 0000001641 00000 n Anderson, IN and New York City, NY are two such areas. /Contents [250 0 R 251 0 R 252 0 R] In the event of a small but significant increase in the price of the disposal of MSW in the Anderson, IN or New York City, NY areas, haulers of MSW generated in each area would not turn to disposal facilities outside their area. An official website of the United States government. << 2. /CropBox [0 0 612 792] stream The global coronavirus pandemic threatens to disrupt the Presidential /CropBox [0 0 612 792] << endobj /Parent 4 0 R ( /Rotate 0 See also Chapter 224.08, Special Acts of Florida, 1943. /Rotate 0 An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. Allied is the nation's second largest waste hauling and disposal company.