/Rotate 0 /Rotate 0 /Annots [] /CropBox [0 0 612 792] /Annots [] /Annots [] 25. /Parent 8 0 R /Rotate 0 In each of these markets, the resulting substantial increase in concentration, loss of competition, and absence of reasonable prospect of significant new entry or expansion by market incumbents, ensures that consumers will pay substantially higher prices for collection of small container commercial waste, the collection of roll-off waste, or the disposal of MSW. /Contents [382 0 R 383 0 R 384 0 R] endobj %PDF-1.6 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. Plaintiff is a Florida resident, lives in Miami- Dade County, is sui juris, and qualifies of a protected class under the ADA, 42 U.S.C. endobj << 39 0 obj 61 0 obj /Resources 301 0 R /Rotate 0 /Rotate 0 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. JURISDICTION AND VENUE 13. /Rotate 0 "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. ( >> /Type /Page /Resources 189 0 R /Parent 12 0 R ( 2320 0 obj<> endobj Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Type /Page /CropBox [0 0 612 792] An individual commercial customer typically generates substantially more MSW than a residential customer. 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. /CropBox [0 0 612 792] It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. /Rotate 0 /MediaBox [0 0 612 792] /Annots [] and Florida Statute 86.011, et seq. 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 /Resources 245 0 R 29 0 obj 83.40 et seq. endobj 12. Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . /Resources 341 0 R ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; 58. /Rotate 0 Suing for an injunction in Florida is all about preserving the status quo. The United States is entitled to injunctive relief under 26 U.S.C. /CropBox [0 0 612 792] << << DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. endstream /Creator (PScript5.dll Version 5.2.2) 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. /Type /Page Official websites use .gov /Type /Page /Rotate 0 /Annots [] In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. /CropBox [0 0 612 792] /Count 79 /Rotate 0 13 0 obj 72 0 obj Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. Plaintiff, Florida Carry, is a Florida Not-For-Profit Corporation with a principal place of business located at 1090 Wild Holly Drive, Port Orange, Florida, 32129. 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. To access the presentation, visit YouTube or click play on the embedded image below. /Rotate 0 startxref /Resources 129 0 R /Contents [390 0 R 391 0 R 392 0 R] << /Resources 273 0 R >> /Resources 261 0 R /Parent 12 0 R ( 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. endobj JFIF C 4 0 obj /Resources 377 0 R 38 0 obj Secure .gov websites use HTTPS /Contents [202 0 R 203 0 R 204 0 R] /Contents [166 0 R 167 0 R 168 0 R] /Rotate 0 /Annots [] /Type /Page Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. >> /Annots [] 7 0 obj ( ( Parties 13. 73 0 obj << /Contents [346 0 R 347 0 R 348 0 R] /Parent 12 0 R /Annots [] /Type /Page 81 0 obj /Parent 14 0 R /Annots [] /Length 10 Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. << /Annots [] /Contents [282 0 R 283 0 R 284 0 R] ( 0 43 0 obj /Type /Pages /CropBox [0 0 612 792] 67 0 obj 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. For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. << 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. /Resources 213 0 R /MediaBox [0 0 612 792] Complaint for Injunctive Relief . /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Annots [] /Type /Page Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. 80 0 obj /CropBox [0 0 612 792] The extension of vote-by-mail options and other accommodations at polling places is necessary. 0000006259 00000 n /CropBox [0 0 612 792] /Count 10 endobj >> /Annots [] endobj /Type /Page 22 and 28 U.S.C. 37 0 obj 51. Page 3 of 15 7. Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. Therefore, you should ask yourself these questions before proceeding: So, you answered the questions above, and you consider this to be the best approach to resolving your matter. endobj /MediaBox [0 0 612 792] /Annots [] /Annots [] endobj /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] A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. /Rotate 0 /MediaBox [0 0 612 792] 32 0 obj /Rotate 0 /Parent 14 0 R /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Rotate 0 << /Parent 7 0 R /Parent 11 0 R 60 0 obj The length of the presentation is 46:09. Charles B. Jimerson 11. /Resources 209 0 R >> /Parent 13 0 R /Rotate 0 Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. /MediaBox [0 0 612 792] << /MediaBox [0 0 612 792] /Resources 337 0 R 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. 0000001187 00000 n Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. /CropBox [0 0 612 792] << /Annots [] /Resources 281 0 R ( 18. /MediaBox [0 0 612 792] endobj /Rotate 0 >> << /MediaBox [0 0 612 792] >> /Resources 217 0 R /Length 1411 endobj endobj /Resources 293 0 R /CropBox [0 0 612 792] /Parent 4 0 R /Parent 14 0 R 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. did not involve a claim for declaratory relief. /CropBox [0 0 612 792] /Length 3282 /CropBox [0 0 612 792] /CropBox [0 0 612 792] 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. Haulers, therefore, generally establish garages and related facilities within each major local area served. /Contents [306 0 R 307 0 R 308 0 R] /Parent 7 0 R /Parent 9 0 R /Annots [] 19 0 obj endobj 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. ( << >> /Parent 4 0 R 41. << << /Parent 4 0 R 6 0 obj 0000001373 00000 n 46 0 obj << >> Markets in which the HHI is between 1000 and 1800 points are considered to be moderately concentrated, and those in which the HHI is in excess of 1800 points are considered to be highly concentrated. /MediaBox [0 0 612 792] The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. /Type /Page 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). 15 0 obj x1 04) F&`/MFWxC. Republic is engaged in providing waste collection and disposal services throughout the United States. /Rotate 0 << endobj 1 0 obj 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. 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. 22 0 obj /MediaBox [0 0 612 792] /Parent 8 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. construction debris) and volume, roll-off waste is deposited by the customer/generator into a disposal container (usually 20 to 40 cubic yards in size) which is larger than those routinely used in small container commercial collection (usually one to 10 cubic yards in size). 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . endobj 45], filed on August 192021, . /Resources 101 0 R /Type /Page Defendants Allied and Republic collect municipal solid waste from residential, commercial, and industrial customers, and they own and operate transfer stations, landfills, and incinerators, which process and dispose of municipal solid waste. endobj /Resources 357 0 R 94 0 obj Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. 12102(1)-(2), the regulations implementing the . 3601, et seq. /Contents [394 0 R 395 0 R 396 0 R] /Resources 401 0 R 1. /Annots [] 3. << 21 0 obj In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Rotate 0 >> /MediaBox [0 0 612 792] 2. >> /Type /Page << /MediaBox [0 0 612 792] /Parent 9 0 R /Rotate 0 /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. /CropBox [0 0 612 792] >> 77 0 obj /Pages 4 0 R /Parent 8 0 R Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. 34 0 obj /Rotate 0 /Rotate 0 >> Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. 67. /MediaBox [0 0 612 792] /Type /Page << /Type /Page 4 0 obj Z( /MediaBox [0 0 612 792] endobj /Rotate 0 /Contents [186 0 R 187 0 R 188 0 R] xref /Type /Pages /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] endobj << 20. /Parent 4 0 R << 34. Garcia is a resident of North Lauderdale, Fl orida. /Resources 381 0 R 78 0 obj /MediaBox [0 0 612 792] << 2201-202, and . 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. >> 26 0 obj endobj /Parent 4 0 R /Resources 105 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. This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. hbbd`b`rfb`gb` # : 01-42230-BKC-AJC . endobj << /Rotate 0 >> /Contents [334 0 R 335 0 R 336 0 R] 27. endobj Garcia controll ed the MJ Companies prior to their going into receivership. This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. /Parent 9 0 R 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . /MediaBox [0 0 612 792] The extension ofvote-by-mail options and other accommodations at polling places is necessary. /MediaBox [0 0 612 792] /Parent 8 0 R /CropBox [0 0 612 792] ( /Parent 9 0 R endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream 18 0 obj >> 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 /MediaBox [0 0 612 792] 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. Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 /Type /Page endobj /Rotate 0 >> 30 0 obj <>/Filter/FlateDecode/ID[<3860DCF29749FC4EACF121159FB5FA73><3860DCF29749FC4EACF121159FB5FA73>]/Index[25 7]/Info 24 0 R/Length 36/Prev 968458/Root 26 0 R/Size 32/Type/XRef/W[1 2 0]>>stream /Filter /FlateDecode Section 13(b) of the FTC Act, 15 U.S.C. /Contents [226 0 R 227 0 R 228 0 R] << On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. /CropBox [0 0 612 792] /Type /Page >> _______/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. /MediaBox [0 0 612 792] 42 0 obj 56 0 obj << 76 0 obj <> endobj Share sensitive information only on official, secure websites. /Parent 11 0 R >> /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /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. /Parent 11 0 R Firms that compete in the disposal of MSW generated in the Anderson, IN or New York City, NY areas can profitably increase their charges for disposal of MSW generated in each area without losing significant sales to more distant disposal sites. On August 20, . endobj 95 0 obj >> >> << /Rotate 0 /Type /Page /Annots [] 14. APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . /Annots [] /Contents [234 0 R 235 0 R 236 0 R] /Contents [162 0 R 163 0 R 164 0 R] endobj /Annots [] /Contents [354 0 R 355 0 R 356 0 R] 7. /Annots [] << /Annots [] endobj 0000001275 00000 n See Laws of Florida, Ch. 61. >> 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. /Resources 349 0 R /Rotate 0 "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. endobj 38. And yet the State of Florida (the State) has failed to take reasonable emergency measures necessary for voter participation in the face of this crisis. ( 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. endobj /Parent 10 0 R See also Chapter 224.08, Special Acts of Florida, 1943. endstream endobj startxref /Resources 149 0 R In the Albany, NY area, the proposed acquisition would reduce from four to three 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. /Contents [142 0 R 143 0 R 144 0 R] _l {:\! 40 0 obj /CropBox [0 0 612 792] /Resources 373 0 R /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) (2001). 68. 76 0 obj Waste collection firms, or "haulers," collect MSW from residential, commercial and industrial establishments, and transport the waste to a disposal site, such as a transfer station, sanitary landfill or incinerator, for processing and disposal. /Type /Page endobj /Rotate 0 /Parent 14 0 R 53 0 obj M`5`i`F{qZ Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. /Parent 12 0 R Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. /Type /Page /Resources 133 0 R /Annots [] /Resources 241 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. The acquisitions by Allied and Republic would remove a significant competitor in small container commercial waste collection service, roll-off waste collection service, and/or the disposal of MSW, in already highly concentrated and difficult-to-enter markets. endobj /Parent 12 0 R After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /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] /Contents [170 0 R 171 0 R 172 0 R] 0000000016 00000 n 48 0 obj >> endobj /Type /Page 58 0 obj /Resources 181 0 R /Rotate 0 /MediaBox [0 0 612 792] /Contents [314 0 R 315 0 R 316 0 R] /Rotate 0 Does the injunction provide broad or limited relief? 11 0 obj endobj /Contents [110 0 R 111 0 R 112 0 R] /CropBox [0 0 612 792] The proposed acquisition would reduce from four to three the number of significant firms that compete in small container commercial waste collection service in the Memphis, TN area. << /Annots [] /Rotate 0 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? /Parent 14 0 R state of Florida in 1925 and yet again in 1943, under the legislative powers granted to the Florida legislature under the 1885 Constitution of the State of Florida. hear the plaintiff's claim for declaratory and injunctive relief because the plaintiff alleged an amount in controversy in excess of $15,000; which obviously, is due to the fact that . 93 0 obj /Contents [358 0 R 359 0 R 360 0 R] 12. endobj /Rotate 0 The proposed transactions, identified below, would lessen competition substantially in waste collection and/or disposal services: (1) Allied's acquisition of hauling assets in Albany, New York; (2) Allied's acquisition of hauling assets in Augusta, Georgia; (3) Allied's acquisition of hauling assets in Memphis, Nashville and Clarksville, Tennessee; (4) Allied's acquisition of disposal assets in New York, New York; (5) Allied's acquisition of hauling assets in Norfolk, Virginia; (6) Allied's acquisition of hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida ("Gulf Coast, Florida"); (7) Republic's acquisition of disposal assets in Anderson, Indiana; (8) Republic's acquisition of hauling assets in Columbus, Ohio; (9) Republic's acquisition of hauling assets in Lakeland, Florida; (10) Republic's acquisition of hauling assets in Louisville, Kentucky and Sellersburg, Indiana; (11) Republic's acquisition of hauling and disposal assets in Macon, Georgia; and (12) Republic's acquisition of hauling assets in Monmouth, Burlington and Camden counties, New Jersey. "New York City, NY area" means the Borough of Brooklyn, New York. /Resources 205 0 R /Count 10 ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. /Type /Page /Contents [254 0 R 255 0 R 256 0 R] /Type /Page endobj 17 0 obj /Resources 353 0 R endobj 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. /CropBox [0 0 612 792] /Annots [] >> /Contents [126 0 R 127 0 R 128 0 R] 7.) /Resources 365 0 R /Contents [386 0 R 387 0 R 388 0 R] In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. 65 0 obj x+ | /Parent 13 0 R INTRODUCTION . /ModDate (D:20220824143048-04'00') 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. ( << /Parent 9 0 R /Contents [174 0 R 175 0 R 176 0 R] endobj /CropBox [0 0 612 792] >> /Metadata 2 0 R << << 83 0 obj /Rotate 0 31 0 obj <>stream /Resources 125 0 R >> 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. /Contents [178 0 R 179 0 R 180 0 R] /Annots [] /Type /Page << Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services.
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