/Resources 257 0 R /Resources 269 0 R endobj 0000001563 00000 n 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. "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. /Contents [390 0 R 391 0 R 392 0 R] /Parent 10 0 R 21 0 obj /Contents [402 0 R 403 0 R 404 0 R] 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. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 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. "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. endobj endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream /CropBox [0 0 612 792] << 0000003868 00000 n Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. /Annots [] << /Parent 11 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 There are immediate expenditures necessary. A .gov website belongs to an official government organization in the United States. /Contents [314 0 R 315 0 R 316 0 R] 18. Each of these areas is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. endobj 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. /Rotate 0 /Rotate 0 /PageLabels 3 0 R /Parent 9 0 R /Contents [102 0 R 103 0 R 104 0 R] Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. endobj /Contents [338 0 R 339 0 R 340 0 R] << ( 62 0 obj However, temporary injunctive relief may be granted without the posting of a bond in the following situations: 1) injunctions entered "on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof"; or 2) injunctions "issued solely to prevent physical injury or abuse of a natural person." /Rotate 0 << Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . /Resources 145 0 R /Rotate 0 ( 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. >> D. P. et al., . xref 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. endstream endobj startxref 38. << /Annots [] /Parent 11 0 R /Resources 249 0 R /Pages 4 0 R /CropBox [0 0 612 792] 4. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] << Plaintiff complains and alleges as follows: 1. 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. << Suitable landfills are difficult and time-consuming to obtain, and sometimes difficult to expand, because of the scarcity of suitable land, local resident opposition, environmental concerns, and government regulation. /MediaBox [0 0 612 792] /Resources 377 0 R /Parent 11 0 R /Resources 337 0 R This is an action for injunctive and declaratory relief, costs, damages, attorney's fees, penalties, and other available statutory relief, pursuant to the Florida Deceptive and Unfair . 32 0 obj Less frequently, haulers may use more maneuverable, but less efficient, rear-end loader ("REL") trucks, especially in those areas in which a collection route includes narrow alleyways or streets. /Type /Page /MediaBox [0 0 612 792] Therefore, it should not be a decision made lightly. _______/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. >> >> /Type /Page /Rotate 0 /Annots [] 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. "0A149;>>>%.DIC; C << /Resources 385 0 R /Parent 10 0 R As such, following the process to the tee will help improve your chances for success. << endobj >> /Parent 14 0 R endobj 5 0 obj /Type /Page /MediaBox [0 0 612 792] /Contents [126 0 R 127 0 R 128 0 R] endobj /Resources 237 0 R /Contents [266 0 R 267 0 R 268 0 R] >> xref Complaint for Emergency Injunctive Relief in Florida Primary The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary election in Florida. - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. /Contents [290 0 R 291 0 R 292 0 R] endobj << /MediaBox [0 0 612 792] 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. Allied is the nation's second largest waste hauling and disposal company. /CropBox [0 0 612 792] << /Rotate 0 /Annots [] /Rotate 0 Rather, its about dealing with the future, not something that happened in the past. %PDF-1.6 << /Resources 309 0 R >> /CropBox [0 0 612 792] << /Annots [] /Annots [] 0000001536 00000 n << << /Contents [322 0 R 323 0 R 324 0 R] /Resources 393 0 R /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] /CropBox [0 0 612 792] 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. /Contents [182 0 R 183 0 R 184 0 R] /CropBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] /Contents [106 0 R 107 0 R 108 0 R] /Contents [154 0 R 155 0 R 156 0 R] 1331 and 1337. /Resources 397 0 R >> EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. /Parent 13 0 R 2018 to May 6, 2021. /Annots [] /Rotate 0 /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> /Annots [] Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. >> /Type /Page /Contents [274 0 R 275 0 R 276 0 R] /Rotate 0 50. /CropBox [0 0 612 792] 18 0 obj /MediaBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] >> 36. ( %PDF-1.5 /CropBox [0 0 612 792] /MediaBox [0 0 612 792] stream /Resources 209 0 R /MediaBox [0 0 612 792] Preference Primary election in Florida. /Type /Page /CropBox [0 0 612 792] Amended Complaint "Motion") [ECF(the No. /Parent 8 0 R /Resources 349 0 R 4. /MediaBox [0 0 612 792] ("MFS"), is a Florida corporation that has a principal place of . 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. 28 0 obj "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. /MediaBox [0 0 612 792] 43 0 obj /Type /Page << 89 0 obj 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. } !1AQa"q2#BR$3br /Annots [] >> endobj /Rotate 0 /MediaBox [0 0 612 792] There could be a negative impact on the plaintiffs public image. >> 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. After the acquisition, Allied would be a monopolist controlling over 98 percent of the small container Commercial waste hauling market, which has annual revenues of about $5 million. This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. Plaintiff LEAGUE OF WOMEN VOTERS OF FLORIDA ("LWVF" or the "League") is the Florida affiliate of the League of Women Voters of the United States. /Resources 381 0 R /Rotate 0 /Type /Page >> /Rotate 0 endobj /Contents [306 0 R 307 0 R 308 0 R] /Rotate 0 31. Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /Parent 11 0 R /MediaBox [0 0 612 792] 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. /Rotate 0 /Parent 10 0 R /Parent 12 0 R 88 0 obj /Resources 261 0 R >> /Type /Pages Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /MediaBox [0 0 612 792] /Count 9 In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. endobj >> << /MediaBox [0 0 612 792] /Parent 10 0 R /Author (JacqmeinV) /Type /Page /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) Does the courts have ability to enforce what you are requesting? /CropBox [0 0 612 792] 77 0 obj << /Resources 165 0 R /Kids [7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R] /Parent 12 0 R ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . >> /Contents [198 0 R 199 0 R 200 0 R] endobj >> /Type /Page /CropBox [0 0 612 792] >> The United States is entitled to injunctive relief under 26 U.S.C. endobj /MediaBox [0 0 612 792] Allied and Republic directly compete in small container commercial waste collection service in a number of markets nationwide, including the areas of: 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. ? COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . 4. 87 0 obj /MediaBox [0 0 612 792] 9. >> /Resources 169 0 R Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . << 33. 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] /Contents [310 0 R 311 0 R 312 0 R] (Compl . endobj /Type /Page << /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] endobj /Rotate 0 /Parent 13 0 R "Nashville, TN area" means the City of Nashville and Davidson, Sumner, Williamson, Rutherford, Wilson, the southeastern part of Robertson, and the eastern part of Cheatham counties, Tennessee. 59. In the New York City, NY area, the acquisition would reduce from five to four the number of significant firms competing to dispose of commercial MSW. /Annots [] 2320 0 obj<> endobj Date: Wednesday, June 21, 2000 Document Type: Complaint This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). /Parent 8 0 R /Rotate 0 45], filed on August 192021, . /Resources 141 0 R It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. After the acquisition, Allied would control over 55 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $28 million. "Lakeland, FL area" means Polk County, Florida. ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Contents [286 0 R 287 0 R 288 0 R] 55. /CropBox [0 0 612 792] There may be disclosure of confidential information such as trade secrets. << Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 /Contents [146 0 R 147 0 R 148 0 R] 65 0 obj In the Gulf Coast, FL area, the acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. >> /CropBox [0 0 612 792] /Kids [85 0 R 86 0 R 87 0 R 88 0 R 89 0 R 90 0 R 91 0 R 92 0 R 93 0 R] 50 0 obj K.A%aut\@Uaa[pVWnOe << endobj /Type /Page 64 0 obj /Contents [142 0 R 143 0 R 144 0 R] /MediaBox [0 0 612 792] 26. >> << A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . /Metadata 2 0 R 25. %PDF-1.5 % 15. /Annots [] 24. "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. 41. >> /MediaBox [0 0 612 792] endobj 28. What impact will it have on third-parties and employees? /Contents [170 0 R 171 0 R 172 0 R] Section 13(b) of the FTC Act, 15 U.S.C. 0 /Type /Pages This Court has supplemental jurisdiction over the State of Florida's state claims pursuant to COMPLAINT -3-q;;m: @ii$$1$$ &JIIJAI JKQI !.1 i&%iiM tv . /MediaBox [0 0 612 792] The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. << 51 0 obj /MediaBox [0 0 612 792] % /MediaBox [0 0 612 792] 47 0 obj endobj 37 0 obj In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Contents [222 0 R 223 0 R 224 0 R] ( /Type /Page Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /Annots [] ( 14 0 obj 48. 92 0 obj See Laws of Florida, Ch. /Parent 4 0 R /MediaBox [0 0 612 792] In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. >> /Type /Page 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. /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] /Resources 353 0 R That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. /Type /Page . /Type /Page /Parent 12 0 R /Rotate 0 JacqmeinV ( << Complaint for Injunctive Relief . /Parent 9 0 R /Contents [378 0 R 379 0 R 380 0 R] /Type /Page Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. /Rotate 0 "New York City, NY area" means the Borough of Brooklyn, New York. "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. >> /Rotate 0 /Rotate 0 /Type /Page Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. << /Filter /FlateDecode 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. /CropBox [0 0 612 792] >> /Contents [334 0 R 335 0 R 336 0 R] 49 0 obj /Parent 10 0 R %%EOF /Annots [] 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. /MediaBox [0 0 612 792] 2322 0 obj<>stream /Parent 13 0 R /CropBox [0 0 612 792] ( 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 [] /Annots [] /Type /Page /Resources 405 0 R /MediaBox [0 0 612 792] << 6. /Rotate 0 endobj /Resources 345 0 R 0000000817 00000 n /Rotate 0 ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx /Annots [] After the acquisition, Allied would control over 50 percent--and two firms more than 90 percent-- of the small container commercial waste hauling market, which has annual revenues of about $10 million. /Resources 313 0 R /Contents [270 0 R 271 0 R 272 0 R] COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. SOUTHERN DISTRICT OF FLORIDA . /MediaBox [0 0 612 792] >> 86 0 obj JURISDICTION AND VENUE 1. /MediaBox [0 0 612 792] 51. Managing Partner endobj << /Annots [] /Parent 13 0 R 38 0 obj 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.
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