/Annots [] In this presentation, Jimerson Birr Associate Austin B. Calhoun covers 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. /Annots [] /Resources 145 0 R 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. %%EOF /CropBox [0 0 612 792] /Contents [150 0 R 151 0 R 152 0 R] /Rotate 0 /Annots [] /Annots [] Complaint for Injunctive Relief Case (s): U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. >> /Resources 265 0 R endobj 77 0 obj There are immediate expenditures necessary. 32. ( /Annots [] /CropBox [0 0 612 792] 2322 0 obj<>stream /MediaBox [0 0 612 792] >> ( /Type /Page /Contents [338 0 R 339 0 R 340 0 R] ? /Parent 7 0 R << /Contents [106 0 R 107 0 R 108 0 R] 89 0 obj /Annots [] /Parent 11 0 R /Parent 13 0 R /Annots [] /Rotate 0 /Parent 14 0 R /CropBox [0 0 612 792] "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. >> /Annots [] 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. /MediaBox [0 0 612 792] In 1999, Allied reported total revenues of approximately $6 billion. /CropBox [0 0 612 792] endobj /MediaBox [0 0 612 792] 18 0 obj /Count 10 /Parent 11 0 R 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). /Resources 293 0 R /CropBox [0 0 612 792] JURISDICTION AND VENUE 1. >> /MediaBox [0 0 612 792] << 26. Roll-off waste collection customers typically generate bulkier items of waste and/or substantially larger volumes of waste than residential or small container commercial waste customers from sources such as construction sites or industrial plants. For a number of reasons, landfills may not be located close to where the waste is generated. 0000006259 00000 n 7.) Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. 1114 Trademark Infringement . /Contents [306 0 R 307 0 R 308 0 R] clearly appears from specific facts shown by affidavit or by verified complaint that immediate or >> Small container commercial service vehicles routinely employ compaction systems on the truck to increase storage capacity, and can empty numerous small containers located on a scheduled route before being driven to a disposal site. /Contents [166 0 R 167 0 R 168 0 R] 64. ( /Parent 8 0 R Secure .gov websites use HTTPS /Subtype /XML The transactions likely will have the following effects, among others: 1. /Contents [406 0 R 407 0 R 408 0 R] COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . 79 0 obj Allied is located in and transacts business in the District of Columbia, and Republic submits to the personal jurisdiction of the District of Columbia in this proceeding. /MediaBox [0 0 612 792] /Type /Page Markets in which the HHI is between 1000 and 1800 points are considered to be moderately concentrated, and those in which the HHI is in excess of 1800 points are considered to be highly concentrated. 2201 a nd 2202. 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. /Resources 101 0 R In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. 73 0 obj /MediaBox [0 0 612 792] << VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. /Parent 9 0 R /Contents [378 0 R 379 0 R 380 0 R] 63 0 obj /Resources 233 0 R >> /CropBox [0 0 612 792] /Resources 213 0 R /Annots [] 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. /Resources 141 0 R /Annots [] Managing Partner The Macon, GA area is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the ClaytonAct. /Contents [354 0 R 355 0 R 356 0 R] >> /Type /Pages /CropBox [0 0 612 792] /Parent 14 0 R /Rotate 0 The acquisition would reduce from three to two the number of significant firms that compete in the collection of small container commercial waste in the Burlington and Camden Counties, NJ area. /Annots [] >> /MediaBox [0 0 612 792] /Annots [] 33 0 obj 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. 21 0 obj Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. /CropBox [0 0 612 792] /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 /Resources 105 0 R /Contents [254 0 R 255 0 R 256 0 R] /Contents [238 0 R 239 0 R 240 0 R] judgment, and preliminary and permanent injunctive relief and damages. /Parent 4 0 R The City changed its name from "New In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. 53(b), empowers this Court to grant injunctive and such other relief as the Court may deem appropriate to halt %PDF-1.5 endobj 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. 0000001275 00000 n /Resources 165 0 R ( /Type /Page /Parent 12 0 R /CropBox [0 0 612 792] /MediaBox [0 0 612 792] <<14CA263718F8354CB34DA495C0495A29>]>> 44. /Rotate 0 On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /Contents [234 0 R 235 0 R 236 0 R] /Parent 12 0 R /CropBox [0 0 612 792] A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . /Rotate 0 << /Type /Page /Resources 377 0 R 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. /Resources 197 0 R 0000003645 00000 n /Resources 301 0 R 83.40 et seq. /Resources 133 0 R /Rotate 0 /CropBox [0 0 612 792] 38. /Rotate 0 /Parent 7 0 R endobj Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 stream endobj 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. 38 0 obj IV. 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. /Resources 257 0 R 2 0 obj /Contents [174 0 R 175 0 R 176 0 R] 0000001373 00000 n endobj 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 $31 million. There are no good substitutes for MSW disposal. /Type /Page /Type /Page /Annots [] /Annots [] 8. 65. 7402(a) to prevent such conduct. 47 0 obj ( 7. /Type /Page << /Parent 11 0 R /Parent 12 0 R /Resources 193 0 R 0000000556 00000 n >> 43. /Contents [222 0 R 223 0 R 224 0 R] Is there any vagueness, or is everything extremely clear? Universities have sent students home, people are remaining in quarantine, poll workers are dropping out, and Supervisors of Elections have closed or moved 112 polling places in 22 counties, in many cases less than a week before the election. << /Resources 261 0 R GsYzQh50ee' 10. /CropBox [0 0 612 792] >> /Rotate 0 Charles B. Jimerson /Resources 241 0 R 0000001536 00000 n >> endobj ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Resources 373 0 R not 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. WEST PALM BEACH DIVISION . After the acquisition, Allied would control over 35 percent--and two firms more than 80 percent--of the small container commercial waste hauling market, which has annual revenues of about $17 million. endobj %PDF-1.5 % /Type /Page << << 36. /Rotate 0 Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . 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. endobj /Type /Page /MediaBox [0 0 612 792] endobj hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. %PDF-1.4 % /MediaBox [0 0 612 792] 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. /Parent 12 0 R That plaintiff recover the costs of this action. /CropBox [0 0 612 792] >> << /MediaBox [0 0 612 792] << /Rotate 0 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. /Contents [362 0 R 363 0 R 364 0 R] << 25 0 obj /Parent 9 0 R /CropBox [0 0 612 792] /Rotate 0 /Annots [] /MediaBox [0 0 612 792] /Parent 4 0 R MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. The United States Army Corps of Engineers ("Corps" or "Army Corps") has unlawfully approved a massive dredging project for Port Everglades in Fort Lauderdale, Florida. /Annots [] 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. >> 62. /Parent 11 0 R 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." INTRODUCTION . /MediaBox [0 0 612 792] >> /CropBox [0 0 612 792] /Type /Page /Type /Page The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . >> 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. 81 0 obj % ( 71 0 obj JacqmeinV << /Parent 10 0 R /CropBox [0 0 612 792] endobj /CreationDate (D:20220824140929-04'00') /MediaBox [0 0 612 792] 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. /Parent 10 0 R 30. 25. /MediaBox [0 0 612 792] The Anderson, IN and New York City, NY areas are therefore sections of the country, or relevant geographic markets, for purposes of analyzing the competitive effects of the acquisition under Section 7 of the Clayton Act. "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. 8 0 obj 12. << 0000000016 00000 n /Rotate 0 /Parent 8 0 R << endobj /Type /Page (Compl . ( /Metadata 2 0 R endobj /CropBox [0 0 612 792] 14 0 obj 60. Garcia is a resident of North Lauderdale, Fl orida. /Type /Page _l {:\! Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /CropBox [0 0 612 792] /Resources 161 0 R << 36 0 obj << /Contents [158 0 R 159 0 R 160 0 R] 6 0 obj /MediaBox [0 0 612 792] 0000001317 00000 n K.A%aut\@Uaa[pVWnOe /CropBox [0 0 612 792] >> prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. "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. 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. endobj Parties 13. trailer "Transfer station" means an intermediate disposal site, often used in more densely populated areas, for the processing and temporary storage of solid waste before transfer, in bulk, to more distant facilities for final disposal. /Annots [] In exchange, pursuant to other agreements, Republic would acquire from Allied: disposal assets in Anderson, Indiana; hauling assets in Columbus, Ohio; hauling assets in Lakeland, Florida; hauling assets in Louisville, Kentucky and Sellersburg, Indiana; hauling and disposal assets in Macon, Georgia; and hauling assets in Monmouth, Burlington and Camden counties, New Jersey. 50 0 obj An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. /Parent 12 0 R /Type /Page 21. /Parent 14 0 R << 83 0 obj /Annots [] /Contents [170 0 R 171 0 R 172 0 R] Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. endobj >> endobj 0000001469 00000 n /Resources 385 0 R 72 0 obj ( /Annots [] 0000000879 00000 n /Type /Page /Type /Page /Rotate 0 /Rotate 0 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. /CropBox [0 0 612 792] /Annots [] /Count 10 This is an action for injunctive relief. 55. endstream endobj 29 0 obj <>stream /Type /Page /Parent 4 0 R /Resources 181 0 R /MediaBox [0 0 612 792] /Parent 7 0 R /MediaBox [0 0 612 792] 19. /CropBox [0 0 612 792] ( 27 0 obj 76 0 obj endobj /MediaBox [0 0 612 792] See Laws of Florida, Ch. /Annots [] >> /Rotate 0 /MediaBox [0 0 612 792] /Contents [186 0 R 187 0 R 188 0 R] 69. /Annots [] To access the presentation, visit YouTube or click play on the embedded image below. /CropBox [0 0 612 792] Plaintiff complains and alleges as follows: 1. 45. 0000001641 00000 n >> Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. /Type /Page . /Type /Page ( 44 0 obj << 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. /Parent 8 0 R /Resources 317 0 R /Contents [130 0 R 131 0 R 132 0 R] The Corps' environmental analysis for this project is based on the same assumptions and endobj /CropBox [0 0 612 792] endobj /Parent 7 0 R /CropBox [0 0 612 792] /Resources 389 0 R >> >> >> 87 0 obj endobj << /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] 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. ]\q( $QSRP@=8`) $CC16 PI_ XL 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.