/CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] /Resources 125 0 R /Type /Page endobj 90 0 obj 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. /MediaBox [0 0 612 792] /Contents [390 0 R 391 0 R 392 0 R] 63. << /MediaBox [0 0 612 792] 44 0 obj COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . 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. /Parent 11 0 R << 12102(1)-(2), the regulations implementing the . 1331 and 1337. 2 0 obj ( /Contents [186 0 R 187 0 R 188 0 R] JURISDICTION AND VENUE 1. 33 0 obj /Type /Page /Parent 9 0 R 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. stores and restaurants). /Resources 241 0 R hbbd`b`rfb`gb` # /Contents [266 0 R 267 0 R 268 0 R] 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. /Type /Page relief pursuant to Chapter 86, Florida Statutes. <<14CA263718F8354CB34DA495C0495A29>]>> 45 0 obj JacqmeinV /Type /Page /Rotate 0 Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. /Type /Page /Contents [138 0 R 139 0 R 140 0 R] << /CropBox [0 0 612 792] 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. /Annots [] After the acquisition, Allied would control over 50 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $31 million. endobj >> /Type /Pages 43 0 obj /Type /Page /Parent 9 0 R << #%$""!&+7/&)4)! 5.) /MediaBox [0 0 612 792] /Contents [146 0 R 147 0 R 148 0 R] /Count 10 Rather, its about dealing with the future, not something that happened in the past. /Contents [354 0 R 355 0 R 356 0 R] /Rotate 0 Therefore, it should not be a decision made lightly. /Rotate 0 /Annots [] 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt 68. endobj /Contents [110 0 R 111 0 R 112 0 R] /Type /Pages endobj In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. /Type /Page /Contents [106 0 R 107 0 R 108 0 R] /CropBox [0 0 612 792] >> endobj 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 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. x1 04) F&`/MFWxC. 22408. /Contents [362 0 R 363 0 R 364 0 R] endobj 4. << /Parent 8 0 R ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. 3 0 obj /Type /Page << /Rotate 0 6th Street Ft. Lauderdale, FL 33301 Defendants. 0000000016 00000 n << 0000001187 00000 n 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. 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. /Rotate 0 >> << << /Resources 217 0 R /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. /Type /Page 86 0 obj >> /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. 24 0 obj /Rotate 0 The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. 0000001317 00000 n 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. /Rotate 0 /Resources 257 0 R >> /Resources 369 0 R 15 0 obj >> Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. /Annots [] 3 0 obj /Parent 14 0 R ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; >> /Resources 333 0 R After the acquisition, Republic would control over 85 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. That plaintiff recover the costs of this action. /Resources 229 0 R << /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Filter /FlateDecode 0000001373 00000 n << /Contents [126 0 R 127 0 R 128 0 R] /CropBox [0 0 612 792] ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx 94 0 obj /CropBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] /Count 10 19. /Annots [] /MediaBox [0 0 612 792] /Rotate 0 /Type /Pages /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. That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. endobj 0000001994 00000 n h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< /Contents [122 0 R 123 0 R 124 0 R] Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Rotate 0 trailer >> Does the injunction provide broad or limited relief? /Contents [214 0 R 215 0 R 216 0 R] clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /Type /Page /Type /Page /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] 9 0 obj 29 0 obj 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 9 0 R /Type /Page /Contents [178 0 R 179 0 R 180 0 R] endobj /Annots [] /Annots [] /CropBox [0 0 612 792] %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr /MediaBox [0 0 612 792] 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. 12. 11. << /MediaBox [0 0 612 792] } !1AQa"q2#BR$3br 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. 2018 to May 6, 2021. endobj endobj /Contents [270 0 R 271 0 R 272 0 R] /Annots [] An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. >> >> _______/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. << /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] >> %PDF-1.3 % A temporary injunction is sought to stop a party from engaging in certain conduct or to require a party to engage in certain conduct until a final decision may be made concerning the merits of the dispute. << endobj 76 13 /Rotate 0 /Resources 221 0 R >> 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. 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 [] Z( "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. /Annots [] /Parent 8 0 R
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