Complaint for Injunctive Relief and Civil Penalties | US EPA >> /CropBox [0 0 612 792] /Type /Page 4. /Contents [202 0 R 203 0 R 204 0 R] In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. 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. 92 0 obj /Parent 4 0 R /Contents [318 0 R 319 0 R 320 0 R] /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] /MediaBox [0 0 612 792] /Resources 357 0 R /Contents [366 0 R 367 0 R 368 0 R] 69 0 obj /Annots [] JURISDICTION AND VENUE 2. << 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. /Type /Page &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id 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. /Contents [154 0 R 155 0 R 156 0 R] /Parent 11 0 R /Parent 8 0 R 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 /Type /Page Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. 22 and 28 U.S.C. 6 0 obj << 15 0 obj /Resources 121 0 R >> U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. 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. 94 0 obj 59. 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. endobj >> ]\q( $QSRP@=8`) $CC16 PI_ XL /Parent 8 0 R 0000001994 00000 n /Rotate 0 /CropBox [0 0 612 792] << endobj ( /CropBox [0 0 612 792] 51 0 obj /Resources 241 0 R /Annots [] In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. 40. 68. /Rotate 0 Complaint for Declaratory and Temporary and Permanent Injunctive Relief (the "Complaint"), which is incorporated herein by this reference.1 As shown in the Complaint, the HRO is null and void for failure to comply with Florida Statutes, the Jacksonville Ordinance Code, and the Rules of the Council of the City of Jacksonville. /CropBox [0 0 612 792] >> /Length 3282 ( The United States is entitled to injunctive relief under 26 U.S.C. /Annots [] ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. 93 0 obj /CropBox [0 0 612 792] H*23430P AsKN$r{(s ( Injunctive relief is considered an extraordinary remedy in both State and Federal court. Complaint for Emergency Injunctive Relief in Florida Primary /Rotate 0 >> In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Parent 7 0 R /Parent 7 0 R This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. >> _______/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. 2320 14 /Rotate 0 47. /Contents [326 0 R 327 0 R 328 0 R] /Parent 10 0 R /Annots [] . 88 0 obj<>stream /Rotate 0 /Resources 141 0 R /Resources 165 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. endobj 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. (ECF No. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Parent 14 0 R PDF Complaint for Injunctive and Other Equitable Relief 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. /MediaBox [0 0 612 792] /Annots [] %%EOF Statutes & Constitution :View Statutes : Online Sunshine >> >> endobj 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. /Contents [398 0 R 399 0 R 400 0 R] /Resources 193 0 R /CropBox [0 0 612 792] endobj 27 0 obj /Annots [] 22 and 28 U.S.C. 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. ( << /Rotate 0 /MediaBox [0 0 612 792] >> /Type /Page 73 0 obj /Annots [] /Parent 9 0 R 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). 83.40 et seq. "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. 22408. /Type /Page 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. /Type /Page the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes ("FDUTPA"), which authorizes the State of Florida to seek, and the Court to order, permanent injunctive relief, recission or reformation of contracts, consumer restitution, the refund of monies /Contents [302 0 R 303 0 R 304 0 R] /Type /Page /MediaBox [0 0 612 792] Likewise, roll-off customers generate volumes of waste which are too large to be serviced by a FEL truck on a pre-scheduled commercial route. /Parent 7 0 R As such, following the process to the tee will help improve your chances for success. (Compl . /Contents [338 0 R 339 0 R 340 0 R] K.A%aut\@Uaa[pVWnOe 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. /Type /Pages 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. 83 0 obj /Parent 11 0 R /Type /Pages 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. >> 46. 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. This is a civil action brought by the United States of America to enjoin defendant . %PDF-1.5 << << endobj 1 0 obj endobj endobj /Annots [] /Resources 229 0 R /Resources 217 0 R << 0000001317 00000 n /Contents [142 0 R 143 0 R 144 0 R] << /MediaBox [0 0 612 792] /Contents [138 0 R 139 0 R 140 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. 61. %PDF-1.5 % IV. /Annots [] >> In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 349 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. 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. 89 0 obj x1 04) F&`/MFWxC. /Resources 197 0 R /MediaBox [0 0 612 792] 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. /Contents [282 0 R 283 0 R 284 0 R] PDF COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS PARTIES - The Wall Street >> /Rotate 0 /Annots [] /Annots [] /CropBox [0 0 612 792] /Annots [] 37 0 obj Temporary Injunction - Florida Litigation Guide /Annots [] Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. 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. Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. 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] "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /Annots [] /CropBox [0 0 612 792] << /Rotate 0 0000001536 00000 n /Annots [] /CropBox [0 0 612 792] SOUTHERN DISTRICT OF FLORIDA . 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). PDF Complaint for Emergency Injunctive and Declaratory Relief endobj /Count 10 /Type /Page /Parent 14 0 R /Type /Page /Resources 249 0 R 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. << 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. JURISDICTION AND VENUE 1. /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] 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. Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. In the Nashville, TN area, the acquisition would reduce from three to two the number of significant firms competing in the collection of small container commercial waste. ("MFS"), is a Florida corporation that has a principal place of . /Type /Page 17. PDF United States District Court Southern District of Florida Case No The significant share of the roll-off collection market which Republic would have, its control of the primary disposal sites in the area, and its frequent use of long-term, automatically renewing contracts with roll-off collection customers, would make entry into the Macon, GA roll-off waste collection market difficult, and unlikely to prevent market incumbents from significantly raising prices for the collection of roll-off waste following the acquisition. << On a typical small container commercial waste collection route, an operator drives a FEL vehicle to the customer's container, engages a mechanism that grasps and lifts the container over the front of the truck, and empties the container into the vehicle's storage section, where the waste is compacted and stored.
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