stores and restaurants). /CropBox [0 0 612 792] /Parent 8 0 R Thus, roll-off waste collection service is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. >> 4. 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. Does the injunction provide broad or limited relief? /Parent 8 0 R /Annots [] /Rotate 0 /Type /Page 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. /Contents [398 0 R 399 0 R 400 0 R] /Annots [] /Resources 321 0 R /Resources 333 0 R 43. 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. >> 6. /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> endobj /CropBox [0 0 612 792] prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. . not Rather, these are some additional factors to consider while determining the feasibility of this action: Will the court be able to enforce the injunction, or will it require intensive court supervision? 0 /Parent 11 0 R endobj 38 0 obj /Type /Page 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 x+ | /Annots [] << ( >> PDF Verified Complaint for Declaratory and Injunctive Relief /MediaBox [0 0 612 792] /Resources 221 0 R /Type /Page /Contents [242 0 R 243 0 R 244 0 R] 57. On August 20, . /Contents [362 0 R 363 0 R 364 0 R] This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. /Parent 4 0 R 2201-202, and . >> 31 0 obj <>stream That plaintiff recover the costs of this action. 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 . 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. endobj /MediaBox [0 0 612 792] Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. /Resources 213 0 R In 1999, Allied reported total revenues of approximately $6 billion. 12. >> /Resources 113 0 R /Rotate 0 endobj >> /CropBox [0 0 612 792] endobj /Rotate 0 /MediaBox [0 0 612 792] >> >> /Parent 8 0 R endobj /Resources 173 0 R 45. /Rotate 0 42 0 obj /MediaBox [0 0 612 792] >> Charles B. Jimerson 40. /CropBox [0 0 612 792] << /Contents [238 0 R 239 0 R 240 0 R] >> 10. /Parent 13 0 R endobj /Annots [] See also Chapter 224.08, Special Acts of Florida, 1943. Complaint for Injunctive Relief and Damages for Breach of endobj PDF Verified Second Amended Complaint for Injunctive and Declaratory Relief Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . endobj /Type /Page /Annots [] It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. 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. >> /MediaBox [0 0 612 792] << /Type /Page (ECF No. /Resources 217 0 R << /Type /Page /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] << /Annots [] 26. >> /Type /Page endobj >> /Resources 389 0 R 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. >> 50. /Rotate 0 31 0 obj 30. /Annots [] /Annots [] 48. hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. /Resources 365 0 R /Annots [] >> /Contents [146 0 R 147 0 R 148 0 R] /Type /Page /Contents [290 0 R 291 0 R 292 0 R] Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. 67. /MediaBox [0 0 612 792] /Rotate 0 "Augusta, GA area" means the City of Augusta, Richmond and Columbia counties, Georgia, and Aiken County, South Carolina. 47 0 obj h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< ;,hn \ic6rZFi+|:GsL$KGqzed8;M+"N7i~4Dr?_1hHa:`R[B%Qm*?u9Lh=?y%x8;e$AD+xx /Contents [250 0 R 251 0 R 252 0 R] 25 0 obj <> endobj 56. /Resources 233 0 R hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream /Rotate 0 /Contents [122 0 R 123 0 R 124 0 R] /MediaBox [0 0 612 792] MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. /Resources 181 0 R ( There are immediate expenditures necessary. /Rotate 0 36. << 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. /Contents [174 0 R 175 0 R 176 0 R] /CropBox [0 0 612 792] 8. What impact will it have on third-parties and employees? 29 0 obj ? The Corps' environmental analysis for this project is based on the same assumptions and /CropBox [0 0 612 792] Complaint for Emergency Injunctive Relief in Florida Primary /MediaBox [0 0 612 792] /Resources 185 0 R REPUBLIC SERVICES, INC., 110 S.E. endobj /CropBox [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. /Type /Page << 24 0 obj 34 0 obj 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] Injunctive relief is considered an extraordinary remedy in both State and Federal court. 1391, . 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. 5.) 22 and 28 U.S.C. /Resources 257 0 R /CropBox [0 0 612 792] endobj /MediaBox [0 0 612 792] /Resources 145 0 R What happens if the temporary injunction is not granted? xref 44. /Rotate 0 32 0 obj After the acquisition, Republic would own two of the three transfer stations, which together would control in excess of 65 percent of the MSW disposal market, which has annual revenues in excess of $3 million. /CropBox [0 0 612 792] 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. 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. ( /Type /Page /Annots [] /Count 10 77 0 obj ( Z( 0000003404 00000 n ( DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. /CropBox [0 0 612 792] Page 3 of 15 7. A .gov website belongs to an official government organization in the United States. /Type /Page Due to the high costs of transporting MSW, and the substantial travel time to other disposal facilities based on distance, natural barriers, and congested roadways, haulers of MSW from the Anderson, IN and New York City, NY areas, respectively, are limited to transfer station disposal sites located in each of their local areas. >> /Kids [25 0 R 26 0 R 27 0 R 28 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 34 0 R] /Annots [] /MediaBox [0 0 612 792] On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. 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. << /Annots [] 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. "0A149;>>>%.DIC; C endobj /MediaBox [0 0 612 792] /Resources 229 0 R /Contents [154 0 R 155 0 R 156 0 R] /Contents [378 0 R 379 0 R 380 0 R] << Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. /Annots [] /S /D Plaintiff filed this action against defendant for breaching a non-competition agreement. /Annots [] In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Rotate 0 /Annots [] /Annots [] /Annots [] /Annots [] /Contents [278 0 R 279 0 R 280 0 R] Universities have sent students home, people are remaining in quarantine, poll workers are dropping out, and Supervisors of Elections have closed or moved 112 polling places in 22 counties, in many cases less than a week before the election. 7402(a) to prevent such conduct. /Type /Page /Annots [] 0000001994 00000 n /Annots [] ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ( /Count 79 /Rotate 0 The global coronavirus pandemic threatens to disrupt the Presidential 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. /CropBox [0 0 612 792] >> /Type /Page 14 0 obj /Type /Page PDF United States District Court Northern District of Florida Pensacola /Resources 105 0 R 35. /Parent 13 0 R /Parent 14 0 R /Rotate 0 /Type /Page To access the presentation, visit YouTube or click play on the embedded image below. endobj 66. 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 68. /Rotate 0 /Resources 169 0 R The transactions likely will have the following effects, among others: 1. /Type /Page 18. endobj %PDF-1.6 /CropBox [0 0 612 792] /Resources 109 0 R << << /MediaBox [0 0 612 792] >> /Contents [346 0 R 347 0 R 348 0 R] /Resources 301 0 R /Parent 7 0 R JacqmeinV PDF United States District Court Southern District of Florida West Palm 58 0 obj 2201 a nd 2202. _l {:\! /Resources 157 0 R Complaint for Injunctive Relief and Civil Penalties | US EPA endobj <> 1391(c). /MediaBox [0 0 612 792] 19 0 obj /Resources 225 0 R 12 0 obj /Resources 401 0 R JURISDICTION AND VENUE 13. ( The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. 0000001469 00000 n In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive.

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