endobj /CropBox [0 0 612 792] /Resources 329 0 R /Parent 14 0 R endobj CASE NO. /Type /Page /CropBox [0 0 612 792] << Complaint for Injunctive Relief and Civil Penalties (pdf) (1.93 MB) Contact Us to ask a question, provide feedback, or report a problem. /Parent 10 0 R &%e2#4DqB#K.tt.GYeMbN!uiW-C`oIynF,fD5c&a8|A!y%?ci6Ywo`aPT=Yz0Id /Parent 13 0 R /Type /Metadata >> ( 13 0 obj /Annots [] /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Rotate 0 /MediaBox [0 0 612 792] /Annots [] JURISDICTION AND VENUE 2. /Parent 8 0 R 1 0 obj /Resources 277 0 R /Count 10 39 0 obj .t. /Annots [] /Rotate 0 >> endobj "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. /CropBox [0 0 612 792] 47 0 obj /Contents [310 0 R 311 0 R 312 0 R] /Type /Page /Parent 13 0 R 74 0 obj /Resources 121 0 R 55. 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. 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. 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. ( << /Annots [] 83.40 et seq. Garcia is a resident of North Lauderdale, Fl orida. MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. /Parent 10 0 R /CropBox [0 0 612 792] /Annots [] /MediaBox [0 0 612 792] /Type /Page PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief 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. /CropBox [0 0 612 792] << hear the plaintiff's claim for declaratory and injunctive relief because the plaintiff alleged an amount in controversy in excess of $15,000; which obviously, is due to the fact that . /MediaBox [0 0 612 792] 0000000556 00000 n /MediaBox [0 0 612 792] See also Chapter 224.08, Special Acts of Florida, 1943. /MediaBox [0 0 612 792] /Rotate 0 /Rotate 0 endobj 6. 9 0 obj /Contents [162 0 R 163 0 R 164 0 R] 66 0 obj /Parent 10 0 R endobj /Resources 201 0 R << >> endobj /Contents [98 0 R 99 0 R 100 0 R] /Annots [] ( /Annots [] Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. 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 13 0 R Often businesses do not consider the implications for taking this action. An individual commercial customer typically generates substantially more MSW than a residential customer. >> /Contents [294 0 R 295 0 R 296 0 R] /Contents [322 0 R 323 0 R 324 0 R] /Parent 8 0 R /Resources 401 0 R /Type /Page << M`5`i`F{qZ _______/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. /Parent 12 0 R 0000002992 00000 n /Type /Page Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. endobj /MediaBox [0 0 612 792] /Contents [238 0 R 239 0 R 240 0 R] The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. /Resources 333 0 R /CropBox [0 0 612 792] United States District Court Southern District of Florida /Resources 169 0 R 88 0 obj /Parent 4 0 R /Parent 13 0 R /Type /Page /Resources 297 0 R /Parent 12 0 R 52 0 obj 5. JURISDICTION AND VENUE 1. << << 6. 50 0 obj 66. /Parent 7 0 R /Parent 11 0 R This action is filed by the United States of America under Section 15 of the Clayton Act, 15 U.S.C. /Contents [306 0 R 307 0 R 308 0 R] "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 [] endobj /MediaBox [0 0 612 792] /Resources 181 0 R /MediaBox [0 0 612 792] /Parent 11 0 R ("MFS"), is a Florida corporation that has a principal place of . The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. /Annots [] /CropBox [0 0 612 792] endobj /CropBox [0 0 612 792] /MediaBox [0 0 612 792] >> 25 0 obj /Parent 12 0 R /Type /Page endobj 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. /CropBox [0 0 612 792] THIS COURT'S POWER TO GRANT RELIEF 84. 0000001563 00000 n endobj << 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 Monmouth County, NJ area. 60. /Resources 341 0 R endobj 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. /Contents [170 0 R 171 0 R 172 0 R] endobj 65 0 obj 15. 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. The United States is entitled to injunctive relief under 26 U.S.C. 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. PDF Complaint for Injunctive and Other Relief and Demand for Jury Trial I /Annots [] <>>> /Filter /FlateDecode /Rotate 0 /Contents [274 0 R 275 0 R 276 0 R] ( 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. /CropBox [0 0 612 792] Access to competitive disposal sites and reasonable disposal costs are important to providers of roll-off collection services. << /Annots [] (Compl . /Rotate 0 /Resources 353 0 R /Rotate 0 /Resources 109 0 R Charles B. Jimerson ( << >> /Type /Page 42. It is engaged in providing waste collection and disposal services throughout the United States. /Rotate 0 >> 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. endobj /Resources 305 0 R >> /Rotate 0 /Annots [] /CropBox [0 0 612 792] << The proposed transactions, identified below, would lessen competition substantially in waste collection and/or disposal services: (1) Allied's acquisition of hauling assets in Albany, New York; (2) Allied's acquisition of hauling assets in Augusta, Georgia; (3) Allied's acquisition of hauling assets in Memphis, Nashville and Clarksville, Tennessee; (4) Allied's acquisition of disposal assets in New York, New York; (5) Allied's acquisition of hauling assets in Norfolk, Virginia; (6) Allied's acquisition of hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida ("Gulf Coast, Florida"); (7) Republic's acquisition of disposal assets in Anderson, Indiana; (8) Republic's acquisition of hauling assets in Columbus, Ohio; (9) Republic's acquisition of hauling assets in Lakeland, Florida; (10) Republic's acquisition of hauling assets in Louisville, Kentucky and Sellersburg, Indiana; (11) Republic's acquisition of hauling and disposal assets in Macon, Georgia; and (12) Republic's acquisition of hauling assets in Monmouth, Burlington and Camden counties, New Jersey. >> A .gov website belongs to an official government organization in the United States. /CropBox [0 0 612 792] << Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. ( << /MediaBox [0 0 612 792] << endobj 37 0 obj 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. /Rotate 0 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. /Type /Page /Parent 11 0 R 8 0 obj /Resources 241 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. IV. /CropBox [0 0 612 792] << /Rotate 0 the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes ("FDUTPA"), which authorizes the State of Florida to seek, and the Court to order, permanent injunctive relief, recission or reformation of contracts, consumer restitution, the refund of monies /CropBox [0 0 612 792] prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. /Resources 149 0 R 5 0 obj 7402(a) to prevent such conduct. PDF Complaint for Emergency Injunctive and Declaratory Relief 44. /Annots [] /Contents [218 0 R 219 0 R 220 0 R] /Type /Page /MediaBox [0 0 612 792] /Parent 10 0 R /CropBox [0 0 612 792] /Rotate 0 . Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . /Resources 185 0 R xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 /Type /Page /CreationDate (D:20220824140929-04'00') >> 76 0 obj <> endobj 72 0 obj In addition to differences in container size, other factors distinguish roll-off waste collection from small container commercial and other types of waste collection. 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. /Type /Page 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. >> 57. % PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General 3 0 obj ( Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. 69. >> /Annots [] 0000003404 00000 n /MediaBox [0 0 612 792] >> MSW has physical characteristics that readily distinguish it from other liquid or solid waste. 0000000016 00000 n /Annots [] 17 0 obj The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. /Metadata 2 0 R Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. endobj /CropBox [0 0 612 792] /Annots [] /Rotate 0 /MediaBox [0 0 612 792] /Annots [] endobj /Type /Page Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. /Type /Pages 4. PDF Complaint for injunction and declaratory relief >> hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream /Type /Page /Rotate 0 /Annots [] /MediaBox [0 0 612 792] /Annots [] endobj /MediaBox [0 0 612 792] 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. /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] /Contents [254 0 R 255 0 R 256 0 R] /CropBox [0 0 612 792] /Resources 249 0 R /Resources 145 0 R Injunctive relief is considered an extraordinary remedy in both State and Federal court. 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. Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 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. 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. Parties 13. Managing Partner An official website of the United States government. << >> GsYzQh50ee' >> 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. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] /Contents [326 0 R 327 0 R 328 0 R] /Contents [362 0 R 363 0 R 364 0 R] /Resources 117 0 R >> /Type /Page /CropBox [0 0 612 792] 0000001994 00000 n /MediaBox [0 0 612 792] /Resources 137 0 R Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. /MediaBox [0 0 612 792] /Type /Page judgment, and preliminary and permanent injunctive relief and damages. /Type /Page 0000001149 00000 n endobj /Contents [122 0 R 123 0 R 124 0 R] x+ | The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. /CropBox [0 0 612 792] 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 4 0 R 3. >> endobj /Count 10 . /CropBox [0 0 612 792] endobj /Contents [390 0 R 391 0 R 392 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. /Resources 393 0 R /Rotate 0 The county court may issue a temporary and permanent injunction where appropriate for violation of ss. Plaintiff filed this action against defendant for breaching a non-competition agreement. endobj Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? 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. 40 0 obj Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. 56. /Parent 11 0 R /Resources 165 0 R /Rotate 0 /Annots [] 3601, et seq. /MediaBox [0 0 612 792] /CropBox [0 0 612 792] Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. /Count 10 << /MediaBox [0 0 612 792] 36 0 obj /Type /Page ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. (2001). It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. /CropBox [0 0 612 792] %%EOF prescribed by these rules and by section 51.011, Florida Statutes, the statutory provision shall govern. /CropBox [0 0 612 792] /MediaBox [0 0 612 792] How long will the injunction be effective? See Laws of Florida, Ch.
complaint for injunctive relief florida
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