/Parent 7 0 R /Resources 405 0 R /Rotate 0 "Small container commercial waste collection service" means the business of collecting MSW from commercial and industrial accounts, usually in "dumpsters" (i.e., a small container with one to ten cubic yards of storage capacity), and transporting or "hauling" such waste to a disposal site by use of a front-or rear-end loader truck. endobj 29 0 obj /Rotate 0 endobj 14. 75 0 obj /CropBox [0 0 612 792] /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) 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. /Rotate 0 >> h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< /Annots [] 25 0 obj 1. Z( endobj >> /Type /Page /Annots [] /Type /Page /MediaBox [0 0 612 792] There are immediate expenditures necessary. Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. /Contents [194 0 R 195 0 R 196 0 R] 0000000879 00000 n
13 0 obj ( &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id endobj 27 0 obj ( >> /Rotate 0 54 0 obj
PDF COMPLAINT FOR INJUNCTIVE RELIEF - archive.org 7. /CropBox [0 0 612 792] /Resources 101 0 R In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services.
PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief << Otherwise, there may be something missed or an unintended consequence when you sue for injunction, which can can bring about dissatisfaction, regardless of who prevails. D. Entry Into Commercial Waste Collection of MSW. /Annots [] /Parent 4 0 R << /Annots [] /CropBox [0 0 612 792] /Rotate 0 0000000817 00000 n
53. xref
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 $28 million. 13. /Type /Page << 56. /Annots [] /Rotate 0 /Parent 12 0 R 8. 19. "Lakeland, FL area" means Polk County, Florida. endobj /Kids [55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R 63 0 R 64 0 R] /MediaBox [0 0 612 792] Small container commercial waste collection services are generally provided in highly localized areas because to operate efficiently and profitably, a hauler must have sufficient density in its commercial waste collection operations; i.e., a large number of commercial accounts that are reasonably close together. /CropBox [0 0 612 792]
Omega SA v. The Individuals, Business Entities, and Unincorporated << /Contents [178 0 R 179 0 R 180 0 R] In each of these markets, the resulting substantial increase in concentration, loss of competition, and absence of reasonable prospect of significant new entry or expansion by market incumbents, ensures that consumers will pay substantially higher prices for collection of small container commercial waste, the collection of roll-off waste, or the disposal of MSW. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /Annots []
PDF IN THE CIRCUIT COURT OF THE SECOND JUDICIAL - Florida Carry, Inc. Is the injunction prohibitory or mandatory? /Rotate 0 >> 59 0 obj 61. endobj ( /Annots [] /Contents [134 0 R 135 0 R 136 0 R] Likewise, roll-off customers generate volumes of waste which are too large to be serviced by a FEL truck on a pre-scheduled commercial route. /Parent 11 0 R MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. /Rotate 0 In the Gulf Coast, FL area, the acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. /Contents [110 0 R 111 0 R 112 0 R] /Resources 125 0 R ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. (2001). MSW has physical characteristics that readily distinguish it from other liquid or solid waste. 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. /Annots [] Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. /MediaBox [0 0 612 792] /Type /Page /MediaBox [0 0 612 792] /Resources 301 0 R 72 0 obj /Length 3282 /Type /Page << ( /Annots [] The county court may issue a temporary and permanent injunction where appropriate for violation of ss. >> endobj The United States is entitled to injunctive relief under 26 U.S.C. >> /Resources 137 0 R trailer
2. /Type /Page It is engaged in providing waste collection and disposal services throughout the United States. /MediaBox [0 0 612 792] 11. /Annots [] >> 66. /Type /Page /MediaBox [0 0 612 792] /Type /Page endobj In the Albany, NY area, the proposed acquisition would reduce from four to three the number of significant competitors in the collection of small container commercial waste. /Type /Page did not involve a claim for declaratory relief. /Resources 153 0 R ( /Rotate 0 /CropBox [0 0 612 792] Plaintiff is a Florida resident, lives in Miami- Dade County, is sui juris, and qualifies of a protected class under the ADA, 42 U.S.C. /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 361 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. /Parent 14 0 R Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. Does the courts have ability to enforce what you are requesting? 58 0 obj /Rotate 0 /MediaBox [0 0 612 792] /Type /Pages ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . /Type /Pages /CropBox [0 0 612 792] /Parent 14 0 R Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . In the Clarksville, TN area, the acquisition would reduce from five to four the number of significant firms competing in the collection of small container commercial waste. construction debris) and volume, roll-off waste is deposited by the customer/generator into a disposal container (usually 20 to 40 cubic yards in size) which is larger than those routinely used in small container commercial collection (usually one to 10 cubic yards in size).
PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General 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. Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Annots [] << /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. See Merger Guidelines 1.51. 81 0 obj On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. 18. /Contents [338 0 R 339 0 R 340 0 R] 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. /CropBox [0 0 612 792] /S /D /MediaBox [0 0 612 792] endobj ( xYYoH~7"b` recB$hHjRbK6DQ]]WUMb8`}^^l,q8x1O,7~`[)gD,uq+sU+PP)>f90VY-^AEKS2t}g4 X!xH rTmvF4(,W`{kF$tC /Parent 14 0 R >> /Count 10 In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. The length of the presentation is 46:09. /Resources 317 0 R /CropBox [0 0 612 792] A complaint for declaratory relief must allege the following: there is a bona fide dispute between the parties; the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or privilege, or as to some fact upon which existence of such a claim may depend; /Type /Page /Type /Page ( The Corps' environmental analysis for this project is based on the same assumptions and /Resources 149 0 R After the acquisition, Allied would control roughly 30 percent--and two firms about 66 percent--of the New York City, NY area MSW disposal market, which has annual revenues of about $40 million. /Type /Page endobj /Type /Page /Annots [] The transactions likely will have the following effects, among others: 1. "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. /Resources 389 0 R /Rotate 0 53 0 obj endobj /Parent 11 0 R /CropBox [0 0 612 792] 68 0 obj /Type /Page /Type /Page Republic is engaged in providing waste collection and disposal services throughout the United States. << /Count 79 /Contents [382 0 R 383 0 R 384 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] /Rotate 0 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. /Parent 12 0 R /CropBox [0 0 612 792] << Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. 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. ( 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. Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. << /Type /Page /Resources 105 0 R /Parent 9 0 R /Rotate 0 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. /Type /Page endobj /Metadata 2 0 R endobj /Parent 10 0 R 44. 56 0 obj 71 0 obj
/MediaBox [0 0 612 792] ( To access the presentation, visit YouTube or click play on the embedded image below. /Type /Pages
Complaint for Injunctive Relief | ATR | Department of Justice 94 0 obj endobj /Rotate 0
Complaint for Declaratory Relief in Florida - Trellis >> >> endstream
endobj
29 0 obj
<>stream
Defendants Allied and Republic collect municipal solid waste from residential, commercial, and industrial customers, and they own and operate transfer stations, landfills, and incinerators, which process and dispose of municipal solid waste. /MediaBox [0 0 612 792] Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). /Type /Page 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. 0000001563 00000 n
Amended Complaint "Motion") [ECF(the No. << /Contents [122 0 R 123 0 R 124 0 R] Waiver recipients are entitled to continuation of services that they are currently receiving through the completion of the fair hearing /CropBox [0 0 612 792] provide relief to all the individuals affected by APD's action. /MediaBox [0 0 612 792] There may be disclosure of confidential information such as trade secrets. Often businesses do not consider the implications for taking this action. << /Rotate 0 .t. 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. /Annots [] /Annots [] 2320 0 obj<>
endobj
<< /MediaBox [0 0 612 792] 0000002235 00000 n
/Annots [] /Annots [] << /Resources 277 0 R 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. << /Rotate 0 /CropBox [0 0 612 792] 0000003135 00000 n
17. /CropBox [0 0 612 792] /Resources 165 0 R >> /Annots [] /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] /Rotate 0 21 0 obj 0000006259 00000 n
<< /Type /Page 5 0 obj 65 0 obj ( /Annots [] /Contents [342 0 R 343 0 R 344 0 R] On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). hbbd`b`rfb`gb`
#
This is a must-watch video before you consider whether to sue for injunction. 78 0 obj /Contents [362 0 R 363 0 R 364 0 R] >> << 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. endobj /Parent 10 0 R 4. endobj endobj /CropBox [0 0 612 792] Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . 27. 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. 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. /CropBox [0 0 612 792] 67. Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for /Resources 225 0 R 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . Plaintiff complains and alleges as follows: 1. %PDF-1.5
%
endobj /CropBox [0 0 612 792] endobj /Count 10 The extension ofvote-by-mail options and other accommodations at polling places is necessary. /Rotate 0 endobj /MediaBox [0 0 612 792] The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. /Resources 189 0 R 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. /Type /Page /Contents [366 0 R 367 0 R 368 0 R] >> /Annots [] 63. hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. ( 33. 49. << endobj 62. ? x+ |
/Rotate 0 /Parent 10 0 R endobj 32. Secure .gov websites use HTTPS /CropBox [0 0 612 792] /Contents [394 0 R 395 0 R 396 0 R] >>
Complaint for Injunctive Relief and Civil Penalties | US EPA Injunctive relief is considered an extraordinary remedy in both State and Federal court. /MediaBox [0 0 612 792] 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. /CropBox [0 0 612 792] /Length 1411 /Annots [] 55 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. /Annots [] Roll-off vehicles have no compaction system on board and are designed to carry only one large container at a time to a disposal site. 36. endobj << 31 0 obj
<>stream
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. clearly appears from specific facts shown by affidavit or by verified complaint that immediate or 57. /Type /Page /Contents [270 0 R 271 0 R 272 0 R] /Annots [] /Contents [230 0 R 231 0 R 232 0 R] /Resources 401 0 R prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. /CropBox [0 0 612 792] After the acquisition, Republic would control about 31 percent--and two firms over 80 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $24 million. /Type /Page /Type /Page /CropBox [0 0 612 792] /Rotate 0 /Parent 8 0 R 89 0 obj %%EOF
Microsoft Word - 2022-08-24 - Complaint - FINAL /MediaBox [0 0 612 792] /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] 88 0 obj<>stream
/MediaBox [0 0 612 792] /Resources 229 0 R /Rotate 0 << /Contents [142 0 R 143 0 R 144 0 R]
/CropBox [0 0 612 792] /Parent 7 0 R /Parent 8 0 R %PDF-1.6 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. /MediaBox [0 0 612 792] << /MediaBox [0 0 612 792] 87 0 obj
In the United States District Court for The Southern District of New York /Rotate 0 /Rotate 0 20 0 obj /Rotate 0 <<