53 0 obj 31 0 obj endobj /CreationDate (D:20220824140929-04'00') 67 0 obj << >> The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. The City changed its name from "New /Contents [154 0 R 155 0 R 156 0 R] 34. /Resources 205 0 R /Count 10 /Annots [] 55. In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. >> /Rotate 0 51. The Court has jurisdiction over this action and over the parties pursuant to 15 U.S.C. << endobj /CropBox [0 0 612 792] hb```"FN%n010pKsg``Z ^^@Y"bL38/4F `} endstream endobj 24 0 obj <> endobj 25 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 26 0 obj <>stream >> endobj /Parent 8 0 R /Contents [254 0 R 255 0 R 256 0 R] /Parent 9 0 R /Resources 261 0 R 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. To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /CropBox [0 0 612 792] 26 0 obj There are immediate expenditures necessary. 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." For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. 28. x1 04) F&`/MFWxC. 42 0 obj endobj 0000003645 00000 n /Parent 12 0 R /S /D /MediaBox [0 0 612 792] Jurisdiction is conferred on this Court by Chapters 26, 34, 86.011. << endobj 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. /Resources 197 0 R 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. Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. 17. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /Rotate 0 /MediaBox [0 0 612 792] /Nums [0 6 0 R] /Resources 349 0 R 8. /Parent 13 0 R /CropBox [0 0 612 792] 5. The transactions likely will have the following effects, among others: 1. /Type /Page PDF Complaint for Injunctive and Other Equitable Relief << << /Parent 11 0 R K.A%aut\@Uaa[pVWnOe 12 0 obj /MediaBox [0 0 612 792] /Type /Page /MediaBox [0 0 612 792] Z( >> In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. >> /Contents [106 0 R 107 0 R 108 0 R] /CropBox [0 0 612 792] << /Parent 7 0 R /CropBox [0 0 612 792] This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. /Resources 257 0 R /Type /Page << The county court may issue a temporary and permanent injunction where appropriate for violation of ss. /Rotate 0 /MediaBox [0 0 612 792] /Type /Page << - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. /Contents [318 0 R 319 0 R 320 0 R] The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. /Rotate 0 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. 1331 and 1337. 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. << This is a must-watch video before you consider whether to sue for injunction. >> stream >> >> endobj /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] endobj WEST PALM BEACH DIVISION . 39 0 obj /Resources 361 0 R /Rotate 0 12. << 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. /CropBox [0 0 612 792] /Parent 4 0 R Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. /MediaBox [0 0 612 792] >> /CropBox [0 0 612 792] /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 Republic is engaged in providing waste collection and disposal services throughout the United States. /Annots [] 28 0 obj 20 0 obj An official website of the United States government. endobj /Type /Page "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. Secure .gov websites use HTTPS Preference Primary election in Florida. /Count 10 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. /Rotate 0 Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. 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. /Rotate 0 << 32 0 obj 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. 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. << Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for /MediaBox [0 0 612 792] << /Contents [98 0 R 99 0 R 100 0 R] /Contents [334 0 R 335 0 R 336 0 R] /Contents [358 0 R 359 0 R 360 0 R] /Resources 145 0 R << 19 0 obj Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. /Parent 8 0 R How long will the injunction be effective? %PDF-1.5 /Annots [] << Republic would thus be in a position to raise the disposal costs at the landfill and transfer stations which it would own to any new or existing roll-off collection competitor in the Macon, GA area. On August 20, . Is there any vagueness, or is everything extremely clear? /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] Unless the twelve acquisitions are enjoined, consumers of waste collection and disposal services will likely pay higher prices and receive fewer services as a consequence of the elimination of the vigorous competition between defendants Allied and Republic. /Type /Page /Annots [] 66 0 obj In the United States District Court for The Southern District of New York Plaintiff complains and alleges as follows: 1. << /Rotate 0 /Contents [342 0 R 343 0 R 344 0 R] /Contents [158 0 R 159 0 R 160 0 R] endobj 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] In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. 0000001563 00000 n /Parent 8 0 R /CropBox [0 0 612 792] >> How to Obtain a Temporary (Preliminary) Injunction in Florida - Ewusiak Law "Norfolk, VA area" means the cities of Chesapeake, Suffolk, Virginia Beach, Norfolk, Poquoson, Newport News and Portsmouth, and York, Surry, James City, Southampton, and Isle of Wight counties, Virginia. /Type /Page 39. /Annots [] /MediaBox [0 0 612 792] /Resources 229 0 R /Rotate 0 In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. /Contents [330 0 R 331 0 R 332 0 R] /Rotate 0 endobj 37 0 obj /Contents [282 0 R 283 0 R 284 0 R] /Type /Page /Resources 181 0 R Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. %%EOF Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . 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. /Type /Page 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. xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. ( /Parent 4 0 R /Parent 9 0 R /Annots [] /CropBox [0 0 612 792] 63 0 obj /Type /Page "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /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] 31. endobj /Rotate 0 9. /CropBox [0 0 612 792] /Metadata 2 0 R "New York City, NY area" means the Borough of Brooklyn, New York. /Resources 157 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. /Contents [150 0 R 151 0 R 152 0 R] /Parent 13 0 R /Contents [166 0 R 167 0 R 168 0 R] << /MediaBox [0 0 612 792] /Subtype /XML Because of its characteristics (e.g. << INTRODUCTION . /CropBox [0 0 612 792] 61. /Contents [338 0 R 339 0 R 340 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. /CropBox [0 0 612 792] /Resources 101 0 R Does the temporary injunction preserve the Status Quo or does it make a change? 63. /Resources 121 0 R /Parent 12 0 R /Parent 9 0 R 65 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. /CropBox [0 0 612 792] 2 0 obj /Parent 13 0 R endobj << >> /Type /Page /Parent 4 0 R _l {:\! 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. /CropBox [0 0 612 792] In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. >> /Annots [] PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Rotate 0 << /MediaBox [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. /Annots [] /Type /Page << /MediaBox [0 0 612 792] >> PDF COMPLAINT FOR PERMANENT INJUNCTION - United States Department of Justice Small container commercial waste collection services are generally provided in highly localized areas because to operate efficiently and profitably, a hauler must have sufficient density in its commercial waste collection operations; i.e., a large number of commercial accounts that are reasonably close together. 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. Defendant is defined as a "Public Accommodation" within meaning of Title III /Filter /FlateDecode If the major roll-off collection competitor in a market also controls the primary disposal site(s) therein, other roll-off competitors are at a large disadvantage and entry is difficult. APPROPRIATENESS OF INJUNCTIVE RELIEF 26 . >> >> /CropBox [0 0 612 792] /Rotate 0 /Parent 9 0 R /Parent 12 0 R /Annots [] /MediaBox [0 0 612 792] 0000002929 00000 n Rather, its about dealing with the future, not something that happened in the past. /Parent 14 0 R endobj /Parent 13 0 R /Rotate 0 JURISDICTION AND VENUE 13. /Parent 7 0 R endobj /Type /Page The predictable result is the denial of the vote to untold numbers of Floridians who had planned to vote in person on Election Dayincluding those who are elderly or have health conditions and cannot get to the polls without tremendous risk, university students who are no longer present in their county of registration because their dorms have closed, and those who venture out but encounter long lines and confusion at the polls. /Type /Page 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt 18. >> >> 24. 53. /Parent 14 0 R 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. ( /Rotate 0 /Filter /FlateDecode There could be a negative impact on the plaintiffs public image. A new entrant into small container commercial waste collection service cannot provide a significant competitive constraint on the prices charged by market incumbents until it achieves minimum efficient scale and operating efficiencies comparable to existing firms. /Resources 133 0 R xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC 40. /Resources 225 0 R 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. << 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.