49. 0000003135 00000 n 54. Plaintiff filed this action against defendant for breaching a non-competition agreement. endobj << /Type /Catalog >> 31 0 obj <>stream 58 0 obj 23. If the major roll-off competitor in a market likewise precludes significant competition through the use of long-term customer contracts which automatically renew, entry by new competitors and growth from existing ones are further hindered. << /Annots [] /Resources 197 0 R /Rotate 0 What impact will it have on third-parties and employees? >> This is a civil action brought by the United States of America to enjoin defendant . However, the incumbents' use of price discrimination and long-term contracts prevents new entrants from winning a large enough base of customers to achieve efficient routes in sufficient time to constrain the post-acquisition firm from significantly raising prices after the transaction. /CropBox [0 0 612 792] /Contents [394 0 R 395 0 R 396 0 R] endobj /MediaBox [0 0 612 792] 30 0 obj /Contents [226 0 R 227 0 R 228 0 R] _______/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. /Annots [] There are no good substitutes for MSW disposal. /Kids [15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R] /Type /Pages 0000001317 00000 n /Contents [258 0 R 259 0 R 260 0 R] /Type /Page 51 0 obj /MediaBox [0 0 612 792] /Parent 11 0 R /Parent 13 0 R This Court has supplemental jurisdiction over the State of Florida's state claims pursuant to COMPLAINT -3-q;;m: @ii$$1$$ &JIIJAI JKQI !.1 i&%iiM tv . /Resources 153 0 R >> 67. /Rotate 0 "Lakeland, FL area" means Polk County, Florida. /Contents [318 0 R 319 0 R 320 0 R] /Resources 321 0 R Microsoft Word - 2022-08-24 - Complaint - FINAL /Parent 12 0 R ( 56. /Annots [] endstream endobj startxref /Parent 9 0 R SOUTHERN DISTRICT OF FLORIDA . /Type /Page endobj << ( /Annots [] /Parent 10 0 R /Type /Page 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. >> xref judgment, and preliminary and permanent injunctive relief and damages. /Annots [] /Type /Metadata 41. /CropBox [0 0 612 792] 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. /Annots [] /Resources 289 0 R hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream /Type /Page endstream endobj /Parent 8 0 R 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. endstream In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. ( /CropBox [0 0 612 792] /CropBox [0 0 612 792] In such areas, many of the problems associated with the permitting and construction of a landfill could make it difficult to permit and construct a transfer station. << /Parent 8 0 R ( /Parent 10 0 R 36 0 obj 48. /Parent 7 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. /MediaBox [0 0 612 792] /Parent 8 0 R /Parent 10 0 R << /Parent 10 0 R 45. /Rotate 0 /Parent 8 0 R endobj Local roll-off waste collection firms in the Macon, GA area can profitably increase charges to local customers without losing significant sales to more distant competitors. As a result, Austin begins the presentation by sharing some of the things you should think about before pursuing an injunction: There is a lot on the line. 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? /Pages 4 0 R /Annots [] /Parent 13 0 R "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. There could be a negative impact on the plaintiffs public image. "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. /Annots [] /Annots [] /Resources 101 0 R 70 0 obj 18. stream /Parent 10 0 R 0000001187 00000 n "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /Rotate 0 prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. ( /Rotate 0 /CropBox [0 0 612 792] /Annots [] /Parent 10 0 R /Type /Page >> Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . /Resources 333 0 R 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 Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . /Parent 8 0 R 0000006259 00000 n 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. 92 0 obj /Annots [] The cost advantage of local landfills limits the areas where MSW can be economically transported and disposed of by haulers and creates localized markets for MSW disposal services. /Annots [] endobj /Contents [186 0 R 187 0 R 188 0 R] %PDF-1.5 /Rotate 0 <> /MediaBox [0 0 612 792] /Kids [75 0 R 76 0 R 77 0 R 78 0 R 79 0 R 80 0 R 81 0 R 82 0 R 83 0 R 84 0 R] >> %PDF-1.6 << >> /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Rotate 0 %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr ? >> /Rotate 0 >> /CropBox [0 0 612 792] /Annots [] /Rotate 0 /Annots [] hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. 11. 39. Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. 0000001641 00000 n /Annots [] ( The likely effect of these acquisitions is to substantially lessen competition and to tend to create a monopoly in interstate trade and commerce in violation of Section 7 of the Clayton Act. 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. /Annots [] /MediaBox [0 0 612 792] On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. /Contents [342 0 R 343 0 R 344 0 R] 2. 65. /Parent 14 0 R << 22 and 28 U.S.C. 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 [198 0 R 199 0 R 200 0 R] >> /Type /Page /Type /Page 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. 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. PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . : 01-42230-BKC-AJC . /CropBox [0 0 612 792] /Creator (PScript5.dll Version 5.2.2) /Parent 7 0 R Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. endobj 4. /Parent 14 0 R IV. /Parent 11 0 R /Rotate 0 MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. /Resources 149 0 R /Contents [150 0 R 151 0 R 152 0 R] 43. 57. /Annots [] >> /MediaBox [0 0 612 792] /Annots [] /Resources 165 0 R The Anderson, IN and New York City, NY areas are therefore sections of the country, or relevant geographic markets, for purposes of analyzing the competitive effects of the acquisition under Section 7 of the Clayton Act. 18 0 obj >> ]\q( $QSRP@=8`) $CC16 PI_ XL /MediaBox [0 0 612 792] 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. /Annots [] >> /Resources 253 0 R /Annots [] stream "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. 0 /Rotate 0 ( /Parent 9 0 R That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. /Type /Page 60 0 obj /MediaBox [0 0 612 792] /Annots [] The next step is careful preparation before the temporary injunction hearing. /Resources 245 0 R 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. /Annots [] >> For a variety of reasons, other types of collection activities, such as roll-off containers (typically used for construction debris) and collection of liquid or hazardous waste, are also rarely combined with commercial waste collection activities. /MediaBox [0 0 612 792] << /Parent 9 0 R Roll-off waste compactors are generally located at the site of the roll-off container, thereby permitting the customer to increase the container's on-site storage capacity. /Resources 353 0 R U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. /Resources 325 0 R Secure .gov websites use HTTPS 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. << << /Annots [] endobj >> "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. ( >> >> << /MediaBox [0 0 612 792] /Resources 109 0 R /Annots [] >> >> /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] /CropBox [0 0 612 792] For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. /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] /Type /Page /MediaBox [0 0 612 792] 83 0 obj endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream endobj endstream endobj 29 0 obj <>stream /Resources 233 0 R ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx /Rotate 0 /Resources 397 0 R /MediaBox [0 0 612 792] .+p>hPhb4yiK=c`/XOv@|fe`iY Should you request a temporary injunction or push quickly for final permanent injunction. 37 0 obj /Annots [] /Contents [326 0 R 327 0 R 328 0 R] endobj /Annots [] 18. /Resources 381 0 R Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. /Contents [182 0 R 183 0 R 184 0 R] 16. 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. endobj /Annots [] Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. 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. /Type /Page 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. 46 0 obj << /MediaBox [0 0 612 792] /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /Type /Page 47 0 obj /Contents [122 0 R 123 0 R 124 0 R] /Resources 285 0 R /Resources 305 0 R 21 0 obj endobj 12102(1)-(2), the regulations implementing the . In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. << << Transactions that increase the HHI by more than 100 points in highly concentrated markets presumptively raise antitrust concerns under the Horizontal Merger Guidelines issued by the U.S. Department of Justice and the Federal Trade Commission. 12. /CropBox [0 0 612 792] ( /Parent 9 0 R 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. 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. << endobj /CropBox [0 0 612 792] /Resources 117 0 R clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /Contents [378 0 R 379 0 R 380 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] stream See also Chapter 224.08, Special Acts of Florida, 1943. /Rotate 0 Does the courts have ability to enforce what you are requesting? << Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. ( /Resources 157 0 R /Contents [386 0 R 387 0 R 388 0 R] /CropBox [0 0 612 792] /Parent 13 0 R 34. /Resources 405 0 R /CropBox [0 0 612 792] 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. /CropBox [0 0 612 792] 12 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. >> /Parent 7 0 R >> 79 0 obj /CropBox [0 0 612 792] VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. /Resources 337 0 R /Rotate 0 /Type /Page << 45], filed on August 192021, . << /Type /Page 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. /Rotate 0 /MediaBox [0 0 612 792] 33 0 obj /Parent 10 0 R 4 0 obj >> INTRODUCTION . 90 0 obj endobj /Parent 9 0 R /Parent 8 0 R /MediaBox [0 0 612 792] /Annots [] 23 0 obj In this presentation, Jimerson Birr Associate Austin B. Calhoun covers 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. There are immediate expenditures necessary. /Type /Page /Type /Page endobj 0000000592 00000 n C. Reduction in Competition As a Consequence of the Acquisition. /Annots [] 75 0 obj /MediaBox [0 0 612 792] endobj >> After the acquisition, Republic would control about 40 percent--and three firms over 75 percent--of the small container commercial waste hauling market, which has annual revenues of about $18 million. After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. 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. 87 0 obj 35. 16 0 obj /Type /Page 56 0 obj Garcia controll ed the MJ Companies prior to their going into receivership. 93 0 obj /Contents [334 0 R 335 0 R 336 0 R] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . /Rotate 0 34 0 obj /Annots [] <>>> 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. Often businesses do not consider the implications for taking this action. /MediaBox [0 0 612 792] /Parent 11 0 R >> endobj /CropBox [0 0 612 792] /Parent 13 0 R 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 /Contents [126 0 R 127 0 R 128 0 R] 17 0 obj CASE NO. /Resources 237 0 R /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. Complaint for Injunctive Relief . /Type /Page 33. The Corps' environmental analysis for this project is based on the same assumptions and << In exchange, pursuant to other agreements, Republic would acquire from Allied: disposal assets in Anderson, Indiana; hauling assets in Columbus, Ohio; hauling assets in Lakeland, Florida; hauling assets in Louisville, Kentucky and Sellersburg, Indiana; hauling and disposal assets in Macon, Georgia; and hauling assets in Monmouth, Burlington and Camden counties, New Jersey. Entry would also be made more difficult by Republic's use of long-term, automatically renewing contracts for roll-off service. Does the injunction provide broad or limited relief? << /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 133 0 R /Type /Page /Resources 265 0 R >> 7 0 obj D. P. et al., . 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. << << << /Rotate 0 /Type /Page Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. /Type /Page 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. 82 0 obj /Parent 12 0 R /Resources 241 0 R /Rotate 0 /Annots [] ( endobj The City changed its name from "New /MediaBox [0 0 612 792] /Contents [106 0 R 107 0 R 108 0 R] ( /Count 10 0000002235 00000 n << 52 0 obj /Annots [] >> >> 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.
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