>> << 12. /Resources 261 0 R Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. endobj /Resources 277 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. /Contents [338 0 R 339 0 R 340 0 R] /Contents [130 0 R 131 0 R 132 0 R] /Parent 14 0 R After the acquisition, Republic would control over 50 percent--and two firms over 80 percent-- of the small container commercial waste hauling market, which has annual revenues of about $29 million. 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. /Annots [] 11 0 obj endobj The United States is entitled to injunctive relief under 26 U.S.C. endobj 54 0 obj 25. /Parent 4 0 R 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). /MediaBox [0 0 612 792] /Resources 157 0 R /MediaBox [0 0 612 792] PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . In this presentation, Jimerson Birr AssociateAustin B. Calhouncovers Florida law on injunctive relief as a remedy, the process for seeking and obtaining injunctive relief through the judicial system, pre-litigation considerations, and enforcement of an injunction order once entered. "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. 55. 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. /MediaBox [0 0 612 792] Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /Type /Page 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. /Annots [] /Rotate 0 In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. /Type /Page ( /MediaBox [0 0 612 792] /Contents [158 0 R 159 0 R 160 0 R] 44 0 obj /Parent 10 0 R >> 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. This document is available in two formats: this web page (for browsing content) and. endobj Secure .gov websites use HTTPS /Type /Page .t. /Parent 7 0 R << << /MediaBox [0 0 612 792] /CropBox [0 0 612 792] >> /Type /Page In the Lakeland, FL area, the acquisition would reduce from two to one the number of significant competitors in the collection of small container commercial waste. 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. 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. 3. 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. x+ | << The operator then drives the FEL truck to a disposal facility, such as a transfer station, landfill or incinerator, and empties the contents of the vehicle. /Rotate 0 >> /Annots [] 31. /Type /Page 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. 63. /MediaBox [0 0 612 792] 58 0 obj 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. 23. /Resources 265 0 R endobj /Contents [94 0 R 95 0 R 96 0 R] /Type /Pages /Annots [] << /Rotate 0 /CropBox [0 0 612 792] /Annots [] 85 0 obj /Type /Page endobj 18. /Rotate 0 /Contents [234 0 R 235 0 R 236 0 R] /Contents [178 0 R 179 0 R 180 0 R] /Resources 297 0 R /CropBox [0 0 612 792] 0000003868 00000 n Roll-off vehicles have no compaction system on board and are designed to carry only one large container at a time to a disposal site. 1 0 obj /Resources 121 0 R /MediaBox [0 0 612 792] xref U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. 22408. /Rotate 0 78 0 obj 23 0 obj <> endobj 28 0 obj <>/Filter/FlateDecode/ID[<2A277BAC2070266E6BF2C2060AD46B2B>]/Index[23 11]/Info 22 0 R/Length 49/Prev 24323/Root 24 0 R/Size 34/Type/XRef/W[1 2 1]>>stream /Contents [314 0 R 315 0 R 316 0 R] endobj not 86 0 obj 60 0 obj Small Container Commercial Waste Collection Service. 76 13 endobj /Contents [406 0 R 407 0 R 408 0 R] /Rotate 0 25 0 obj <> endobj The United States Army Corps of Engineers ("Corps" or "Army Corps") has unlawfully approved a massive dredging project for Port Everglades in Fort Lauderdale, Florida. /Resources 217 0 R >> /Parent 14 0 R << endobj 51. 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. 52. Page 3 of 15 7. /Parent 8 0 R clearly appears from specific facts shown by affidavit or by verified complaint that immediate or >> /Rotate 0 /Type /Page /Count 79 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . /Annots [] 0000001373 00000 n (Compl . ( /Contents [198 0 R 199 0 R 200 0 R] 32 0 obj << /Resources 209 0 R 22 and 28 U.S.C. /Parent 7 0 R /CropBox [0 0 612 792] Z( /Rotate 0 /Annots [] C. Reduction in Competition As a Consequence of the Acquisition. >> /Resources 109 0 R /Contents [294 0 R 295 0 R 296 0 R] endobj This form is a Complaint for Injunctive Relief and Damages. endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. 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. Share sensitive information only on official, secure websites. Because of its characteristics (e.g. Should you request a temporary injunction or push quickly for final permanent injunction. << The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. >> That defendants' proposed sales of hauling assets 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 area markets, and defendants' proposed sales of MSW disposal assets in the Anderson, IN; Macon, GA and New York City, NY area markets be adjudged and decreed to be unlawful and in violation of Section 7 of the Clayton Act; 2. 30 0 obj ( /Rotate 0 /Type /Page 46. Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for /CropBox [0 0 612 792] 3 0 obj 0000001317 00000 n "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. /Contents [302 0 R 303 0 R 304 0 R] /Annots [] JURISDICTION AND VENUE 1. /MediaBox [0 0 612 792] 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. /Parent 9 0 R << /Parent 7 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. and Florida Statute 86.011, et seq. /Type /Page 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . /Type /Page 51 0 obj 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. /MediaBox [0 0 612 792] /Rotate 0 77 0 obj 4 0 obj /Rotate 0 /CropBox [0 0 612 792] /Resources 269 0 R >> << 79 0 obj /Resources 153 0 R endobj ( /CropBox [0 0 612 792] 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 << << <<14CA263718F8354CB34DA495C0495A29>]>> 81 0 obj << 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. << See Merger Guidelines 1.51. /Type /Page /Resources 385 0 R 82 0 obj 59 0 obj >> 31 0 obj <>stream << /Type /Page competition generally in small container commercial waste collection service 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 area markets will be lessened substantially; actual and potential competition between Allied and Republic in small container commercial waste collection service 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 area markets will be eliminated; prices charged by 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 area markets will likely increase; competition generally in disposal of MSW in the Anderson, IN and New York City, NY area markets will be lessened substantially; actual and potential competition between Allied and Republic in disposal of MSW in the Anderson, IN and New York City, NY area markets will be eliminated; prices for disposal of MSW in the Anderson, IN and New York City, NY area markets likely will increase; competition generally in roll-off waste collection service in the Macon, GA area market will be lessened substantially; actual and potential competition between Allied and Republic in roll- off waste collection service in the Macon, GA area market will be eliminated; and. >> . /Contents [254 0 R 255 0 R 256 0 R] MSW has physical characteristics that readily distinguish it from other liquid or solid waste. /Rotate 0 /Length 1411 /Count 10 /Annots [] MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. /Annots [] /Annots [] The county court may issue a temporary and permanent injunction where appropriate for violation of ss. endobj /Contents [378 0 R 379 0 R 380 0 R] endobj /Annots [] /MediaBox [0 0 612 792] >> /Contents [118 0 R 119 0 R 120 0 R] /Annots [] /Rotate 0 /Contents [382 0 R 383 0 R 384 0 R] 41 0 obj endobj endobj /Contents [362 0 R 363 0 R 364 0 R] /Type /Page 0 /MediaBox [0 0 612 792] << ( << endobj 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. >> After the acquisition, Republic would control about 31 percent--and two firms over 80 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $24 million. ( /Rotate 0 /Contents [354 0 R 355 0 R 356 0 R] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Resources 337 0 R << GsYzQh50ee' /Type /Page /Contents [182 0 R 183 0 R 184 0 R] 88 0 obj This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. >> 57. >> 8 0 obj /MediaBox [0 0 612 792] 27. endobj /CreationDate (D:20220824140929-04'00') Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. 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. /Annots [] Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. 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 /Resources 333 0 R This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. >> _______/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. /Rotate 0 /Rotate 0 << Therefore, it should not be a decision made lightly.
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