>> endobj endobj Allied and Republic directly compete in the disposal of waste in a number of markets nationwide, including the Anderson, IN; New York City, NY; and Macon, Georgia areas. Alexdex. 0000003645 00000 n
/Parent 8 0 R >> /Annots [] >> In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. Does the injunction provide broad or limited relief? /Rotate 0 ( Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Contents [198 0 R 199 0 R 200 0 R] << << 24 0 obj /Annots [] /Parent 7 0 R /Contents [406 0 R 407 0 R 408 0 R] /Type /Page Complaint for Injunctive Relief and Civil Penalties | US EPA /Parent 9 0 R /Annots [] /Type /Page Significant new entry into small container commercial waste collection service is difficult and time-consuming 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. PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . /Type /Page /CropBox [0 0 612 792] 1391, . << << << PDF Florida Small Claims Rules Annotated 2020 - The Florida Bar ( /Rotate 0 /Parent 7 0 R /Type /Page << Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. /Parent 7 0 R >> /Author (JacqmeinV) >> 49. MSW has physical characteristics that readily distinguish it from other liquid or solid waste. 5. Often businesses do not consider the implications for taking this action. 56. 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . ( /Contents [374 0 R 375 0 R 376 0 R] /CropBox [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. /Type /Page /Type /Pages /Contents [346 0 R 347 0 R 348 0 R] /Parent 14 0 R endobj 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. /Contents [246 0 R 247 0 R 248 0 R] << /Rotate 0 >> /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. /Resources 365 0 R What impact will it have on third-parties and employees? 15 0 obj 0000001373 00000 n
/Contents [282 0 R 283 0 R 284 0 R] 67 0 obj 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. 0000001469 00000 n
/CreationDate (D:20220824140929-04'00') /Parent 11 0 R endobj 68. << /Resources 349 0 R << /CropBox [0 0 612 792] 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. JURISDICTION AND VENUE 13. Omega SA v. The Individuals, Business Entities, and Unincorporated /Type /Pages See Merger Guidelines 1.51. endobj /Annots [] >> /Parent 10 0 R 55 0 obj /Annots [] /Resources 373 0 R /Rotate 0 The Corps' environmental analysis for this project is based on the same assumptions and /Parent 11 0 R /Resources 165 0 R /Type /Page /Resources 309 0 R <<14CA263718F8354CB34DA495C0495A29>]>>
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. /Type /Page /Type /Page Plaintiff complains and alleges as follows: 1. /Resources 393 0 R >> /Parent 4 0 R 23. << endobj /Type /Page /MediaBox [0 0 612 792] >> /Contents [174 0 R 175 0 R 176 0 R] /Type /Page /Parent 7 0 R /CropBox [0 0 612 792] endstream
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endobj /Parent 14 0 R endobj endobj /Resources 213 0 R >> 93 0 obj /MediaBox [0 0 612 792] /Contents [322 0 R 323 0 R 324 0 R] /Parent 13 0 R >> /Annots [] 12102(1)-(2), the regulations implementing the . /Resources 105 0 R /CropBox [0 0 612 792] << endobj /Parent 7 0 R /Resources 217 0 R 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 Louisville, KY/Sellersburg, IN area. 20. /Rotate 0 >> 22 and 28 U.S.C. 25. 21. 48. /Annots [] >> /Parent 9 0 R /Annots [] /Resources 189 0 R "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. /Annots [] << endobj /Kids [65 0 R 66 0 R 67 0 R 68 0 R 69 0 R 70 0 R 71 0 R 72 0 R 73 0 R 74 0 R] /CropBox [0 0 612 792] endobj >> /CropBox [0 0 612 792] /Contents [234 0 R 235 0 R 236 0 R] 0000003135 00000 n
clearly appears from specific facts shown by affidavit or by verified complaint that immediate or ( . 62. 6. >> 4. 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. 18. ( /CropBox [0 0 612 792] 3601, et seq. 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. /Rotate 0 /Filter /FlateDecode /Type /Page /Contents [118 0 R 119 0 R 120 0 R] /MediaBox [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. /Length 3282 endobj >> >> 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. 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. 54. How to Obtain a Temporary (Preliminary) Injunction in Florida - Ewusiak Law /Annots [] 2 0 obj /MediaBox [0 0 612 792] >> endobj /Contents [178 0 R 179 0 R 180 0 R] /Annots [] /MediaBox [0 0 612 792] 12. 26 0 obj /CropBox [0 0 612 792] /Rotate 0 2 0 obj
/Resources 237 0 R /Annots [] 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. /CropBox [0 0 612 792] endstream
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>> /Type /Page In the Columbus, OH area, the proposed acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste. endobj (2001). MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. << K.A%aut\@Uaa[pVWnOe A .gov website belongs to an official government organization in the United States. /Type /Page /Annots [] << /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) endobj For a number of reasons, landfills may not be located close to where the waste is generated. Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? << Plaintiffs also seek temporary injunctive relief as stated in the accompanying Motion for Temporary Injunction. /Type /Metadata /Rotate 0 >> Is there any vagueness, or is everything extremely clear? << /Type /Pages /MediaBox [0 0 612 792] << Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. 76 0 obj <>
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/Resources 153 0 R 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. 31 0 obj startxref
/Rotate 0 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. >> /MediaBox [0 0 612 792] Noncompete Agreements: Protecting Referral Relationships as Legitimate Business Interests, Hiring for Florida Banks and Credit Unions: A Summary of Background Checks and Other Information Required to Comply With Various Regulatory Schemes. <>
/Contents [226 0 R 227 0 R 228 0 R] /MediaBox [0 0 612 792] 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. /CropBox [0 0 612 792] 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. endobj endstream endobj 14 0 obj Anderson, IN and New York City, NY are two such areas. endobj A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . 22. /Parent 4 0 R 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. %
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stores and restaurants). endobj /CropBox [0 0 612 792] >> IV. ( 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 [] 11 0 obj /Resources 281 0 R Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. /Contents [230 0 R 231 0 R 232 0 R] /Contents [146 0 R 147 0 R 148 0 R] /Resources 205 0 R endobj << /Resources 277 0 R /Kids [45 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R] 19. 45], filed on August 192021, . /Annots [] /Type /Page Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. /Annots [] << /Rotate 0 0000002235 00000 n
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.