complaint for injunctive relief florida
/Resources 393 0 R >> The President of the United States and the Governor of Florida have each declared a state of emergency. endobj /MediaBox [0 0 612 792] /Resources 245 0 R 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. /CropBox [0 0 612 792] /Parent 11 0 R /Resources 297 0 R endobj Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit Defendant is defined as a "Public Accommodation" within meaning of Title III 56. endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream >> What happens if the temporary injunction is not granted? /Length 3282 /Parent 14 0 R stream /Contents [386 0 R 387 0 R 388 0 R] << 6108, to obtain temporary, preliminary, and permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten . 49 0 obj 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. /Rotate 0 /Parent 9 0 R /Annots [] /Parent 7 0 R /Type /Page 3. /MediaBox [0 0 612 792] /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] 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. 1 0 obj /Rotate 0 41 0 obj /Parent 11 0 R /Rotate 0 ( /Contents [198 0 R 199 0 R 200 0 R] 0000003946 00000 n 0000002235 00000 n ( >> 0000000556 00000 n After the acquisition, Allied would control roughly 69 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $25 million. ( %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr /MediaBox [0 0 612 792] >> endobj 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 county court may issue a temporary and permanent injunction where appropriate for violation of ss. /MediaBox [0 0 612 792] It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. hbbd`b`rfb`gb` # 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. 43. 0000001994 00000 n 23. /Rotate 0 /Parent 14 0 R << 5 0 obj /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> Therefore, it should not be a decision made lightly. 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. /Rotate 0 /Rotate 0 /Parent 12 0 R 7. >> 55 0 obj 22 0 obj /Parent 12 0 R _l {:\! /Parent 13 0 R /Annots [] >> Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. 0 /Resources 353 0 R 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. /MediaBox [0 0 612 792] >> 82 0 obj /Annots [] endobj /Type /Page /Nums [0 6 0 R] endobj /Resources 237 0 R 46. Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. endobj << /Annots [] /Parent 11 0 R >> 18 0 obj 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. 2. 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 - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. 57 0 obj /Count 10 /MediaBox [0 0 612 792] endobj endobj << << /Type /Page /Resources 229 0 R 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. 23 0 obj 6. stream Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . 0000003868 00000 n /Resources 109 0 R /Parent 7 0 R /MediaBox [0 0 612 792] /Type /Page 11. /Contents [154 0 R 155 0 R 156 0 R] Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . stream 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. 35 0 obj /Rotate 0 /Annots [] 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. /Rotate 0 /Contents [238 0 R 239 0 R 240 0 R] EOs6~W\F3[_y7~r+W3nU>9YRpM/u"%1yK Ivp, Microsoft Word - 2022-08-24 - Complaint - FINAL. /Type /Page 2 0 obj 0000001641 00000 n /Parent 14 0 R /Contents [314 0 R 315 0 R 316 0 R] Thus, small container commercial 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. 57. >> 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. << /Parent 14 0 R /Rotate 0 /Resources 249 0 R /Parent 7 0 R ( Secure .gov websites use HTTPS "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. Rather, its about dealing with the future, not something that happened in the past. endobj /Contents [318 0 R 319 0 R 320 0 R] Parties 13. << << endobj stores and restaurants). 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. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Type /Page /Resources 233 0 R clearly appears from specific facts shown by affidavit or by verified complaint that immediate or /Filter /FlateDecode and Florida Statute 86.011, et seq. >> << << << } !1AQa"q2#BR$3br /CropBox [0 0 612 792] "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. In their waste collection and waste disposal businesses, defendants make sales and purchases in interstate commerce, ship waste in the flow of interstate commerce, and engage in activities substantially affecting interstate commerce. /Rotate 0 /Annots [] /CropBox [0 0 612 792] << /Rotate 0 2322 0 obj<>stream A .gov website belongs to an official government organization in the United States. 74 0 obj 29 0 obj 2320 14 44 0 obj /CropBox [0 0 612 792] /Type /Pages /Parent 4 0 R /Resources 357 0 R /Contents [122 0 R 123 0 R 124 0 R] << endobj 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. /Parent 10 0 R /CropBox [0 0 612 792] >> /Annots [] 5. 67 0 obj Complaint for Injunctive Relief . /Contents [322 0 R 323 0 R 324 0 R] In the Nashville, TN area, the acquisition would reduce from three to two the number of significant firms competing in the collection of small container commercial waste. /Annots [] hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` JURISDICTION AND VENUE 2. /Type /Pages /Resources 325 0 R 78 0 obj /Annots [] /Resources 289 0 R 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. Plaintiff filed this action against defendant for breaching a non-competition agreement. 6 0 obj /Count 10 55. In the Anderson, IN and New York City, NY areas, entry by any new MSW disposal facility would be an extremely costly and time-consuming process, and unlikely to prevent market incumbents from significantly raising prices for the disposal of MSW following the acquisition. /MediaBox [0 0 612 792] 3 0 obj The differences in the types and volume of MSW collected and in the equipment used in collection distinguish small container commercial waste collection from all other types of waste collection activities. 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. >> The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. << 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 For a number of reasons, landfills may not be located close to where the waste is generated. /CropBox [0 0 612 792] >> /Rotate 0 81 0 obj 3 0 obj 9 0 obj endobj /Resources 137 0 R endobj INTRODUCTION . /Parent 12 0 R "Macon, GA area" means the City of Macon and Bibb, Peach and parts of Houston, Jones and Monroe counties, Georgia. Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. /Rotate 0 26 0 obj /Contents [326 0 R 327 0 R 328 0 R] endobj /MediaBox [0 0 612 792] /Annots [] /CropBox [0 0 612 792] /Type /Page /Resources 265 0 R 6th Street Ft. Lauderdale, FL 33301 Defendants. /MediaBox [0 0 612 792] /Contents [270 0 R 271 0 R 272 0 R] /Contents [190 0 R 191 0 R 192 0 R] 26. U.S. v. Allied Waste Industries, Inc. and Republic Services, Inc. /Contents [350 0 R 351 0 R 352 0 R] "Anderson, IN area" means the City of Anderson and Madison County, Indiana. 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. /Parent 13 0 R << endobj /CropBox [0 0 612 792] /Type /Page "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. /MediaBox [0 0 612 792] 25 0 obj /Parent 13 0 R "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. endobj /Resources 301 0 R /Annots [] An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. /Contents [338 0 R 339 0 R 340 0 R] /Resources 365 0 R ( /CropBox [0 0 612 792] 25 0 obj <> endobj PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . << endobj 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. 12 0 obj SOUTHERN DISTRICT OF FLORIDA . provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. In addition, Wilson traveled at least twice to Florida for work-related trips in 2019, including once to Miami and Tampa in or around the spring of 2019 and once to Orlando in or around November or December 2019. Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . >> See also Chapter 224.08, Special Acts of Florida, 1943. ( /Rotate 0 /Annots [] Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. Charles B. Jimerson << /Rotate 0 /Rotate 0 /CropBox [0 0 612 792] 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 $3 million. In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. >> >> endobj << >> Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. JFIF C 38 0 obj 47 0 obj /Contents [398 0 R 399 0 R 400 0 R] >> ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Parent 8 0 R There are no good substitutes for MSW disposal. C. Reduction in Competition As a Consequence of the Acquisition. 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 [] /Annots [] >> /Resources 329 0 R 75 0 obj 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 10 0 R 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. 25. /Resources 333 0 R /Annots [] endobj 46 0 obj >> >> ( << /Parent 7 0 R 17 0 obj /Annots [] /CropBox [0 0 612 792] /Type /Page Plaintiff complains and alleges as follows: 1. /Type /Page 45 0 obj /CropBox [0 0 612 792] 20. The global coronavirus pandemic threatens to disrupt the Presidential On a typical small container commercial waste collection route, an operator drives a FEL vehicle to the customer's container, engages a mechanism that grasps and lifts the container over the front of the truck, and empties the container into the vehicle's storage section, where the waste is compacted and stored. /Annots [] /Rotate 0 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. >> /Parent 13 0 R 19 0 obj Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? /Type /Metadata << An official website of the United States government. Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 Does the courts have ability to enforce what you are requesting? 1 0 obj /Parent 4 0 R >> MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. 29. 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] 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. "Nashville, TN area" means the City of Nashville and Davidson, Sumner, Williamson, Rutherford, Wilson, the southeastern part of Robertson, and the eastern part of Cheatham counties, Tennessee. /Contents [402 0 R 403 0 R 404 0 R] 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. 70 0 obj /Resources 177 0 R endobj /MediaBox [0 0 612 792] << 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. prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. /CropBox [0 0 612 792] 3. Page 3 of 15 7. /Type /Page 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. Z( << Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. /Parent 8 0 R /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Parent 7 0 R 34. /Resources 273 0 R >> /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Annots [] /MediaBox [0 0 612 792] << /Annots [] 37 0 obj 2 0 obj /Resources 149 0 R not /Type /Page 38. Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. 22 and 28 U.S.C. /Annots [] 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. /Parent 13 0 R /MediaBox [0 0 612 792] /Parent 12 0 R Therefore, its important to not consider it a tool for righting a wrong. /CropBox [0 0 612 792] 84 0 obj 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. "0A149;>>>%.DIC; C >> 42. >> endobj >> endobj In areas where it is not practical to construct and permit a landfill, it is necessary to put in a transfer station to get the waste to a more distant landfill. /Rotate 0 /MediaBox [0 0 612 792] 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. endobj The differences in size, type, and volumes of roll-off waste and the equipment used to collect it distinguish roll-off waste collection from all other waste collection services. /Type /Page /CropBox [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] 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. /Annots [] /Type /Page 0000001149 00000 n ( 33 0 obj For a variety of reasons, other types of collection activities, such as roll-off containers (typically used for construction debris) and collection of liquid or hazardous waste, are also rarely combined with commercial waste collection activities. endobj 7.) 62 0 obj 93 0 obj %PDF-1.6 2201-202, and . /Rotate 0 %PDF-1.3 % 15 0 obj << /Parent 8 0 R /Type /Page 0 /Parent 13 0 R /MediaBox [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. /Annots [] 21 0 obj provide relief to all the individuals affected by APD's action. This is an action for permanent injunctive relief, declaratory relief, and /CropBox [0 0 612 792] /Type /Page 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. Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. 51 0 obj 8 0 obj 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. /Parent 4 0 R /Resources 381 0 R /Rotate 0 In the Macon, GA area, the proposed acquisitions would result in Republic controlling more than 60 percent of the roll-off waste collection market at the same time it owns the two primary disposal options which any roll-off competitor would most likely use. xref %%EOF ]\q( $QSRP@=8`) $CC16 PI_ XL 5.) /Annots [] /Rotate 0 /Rotate 0 2320 0 obj<> endobj ( 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. 45. /Parent 11 0 R Preference Primary election in Florida. /Type /Page endobj /CropBox [0 0 612 792] 72 0 obj ( /Annots [] COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . /CropBox [0 0 612 792] /Resources 277 0 R /Parent 9 0 R D. Entry Into Commercial Waste Collection of MSW. DECLARATORY AND INJUNCTIVE RELIEF* * Pursuant to Rule 15(a)(2), Florida files the Second Amended Complaint with the written consent of Defendants. /Rotate 0 There could be a negative impact on the plaintiffs public image. endobj /CropBox [0 0 612 792] /Parent 12 0 R 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. /CropBox [0 0 612 792] /Annots [] /MediaBox [0 0 612 792] >> /MediaBox [0 0 612 792] /Annots [] In the Macon, GA area, the acquisition would reduce from two to one the number of significant firms that compete in the collection of small container commercial waste. /MediaBox [0 0 612 792] /Type /Page /MediaBox [0 0 612 792] /Parent 10 0 R /Parent 13 0 R /Parent 7 0 R >> /MediaBox [0 0 612 792] /CropBox [0 0 612 792] Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . That plaintiff receive such other and further relief as the case requires and the Court deems proper; and. /Annots [] /Annots [] 0000001852 00000 n Haulers, therefore, generally establish garages and related facilities within each major local area served. /CropBox [0 0 612 792] And yet the State of Florida (the State) has failed to take reasonable emergency measures necessary for voter participation in the face of this crisis. << endobj /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 68. << Republic is engaged in providing waste collection and disposal services throughout the United States. 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. ( ( endobj hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. Small container commercial waste collection differs in many important respects from the collection of residential or other types of waste. /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 253 0 R 50. THIS COURT'S POWER TO GRANT RELIEF 84. endobj stream << 88 0 obj<>stream A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. endobj /Annots [] endobj >> Venue properly lies in the Southern Distri ct of Florida pursuant to 28 U.S.C. /Type /Page /Annots [] 12. 31 0 obj /Type /Page /Contents [166 0 R 167 0 R 168 0 R] 12. /Type /Page Section 13(b) of the FTC Act, 15 U.S.C. A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate . endobj 86 0 obj /Contents [242 0 R 243 0 R 244 0 R] /Resources 145 0 R /Contents [298 0 R 299 0 R 300 0 R] /Parent 9 0 R ( << /Parent 4 0 R In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. /Type /Pages In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. JacqmeinV trailer /Contents [382 0 R 383 0 R 384 0 R] 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. /CropBox [0 0 612 792] Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Rotate 0 << 45], filed on August 192021, . /Type /Pages 30. endobj This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. /Rotate 0 << endobj /Rotate 0 /Resources 225 0 R /Type /Page /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) /Resources 133 0 R /Rotate 0 7402(a) to prevent such conduct. /Parent 14 0 R /CropBox [0 0 612 792] 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. /Resources 373 0 R << /Resources 321 0 R Managing Partner 0000001536 00000 n /Type /Page /CropBox [0 0 612 792] .t. /Resources 349 0 R /Contents [158 0 R 159 0 R 160 0 R] /Annots [] 89 0 obj 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 129 0 R JURISDICTION AND VENUE 1. >> /CropBox [0 0 612 792] endobj In such instances, the waste is brought to a nearby transfer station where it is compacted and combined with other waste and then transported to a more distant permanent disposal site. 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. The transactions likely will have the following effects, among others: 1. 83.40 et seq. Allied is the nation's second largest waste hauling and disposal company.
