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/Annots [] << /MediaBox [0 0 612 792] 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. /Contents [194 0 R 195 0 R 196 0 R] 1391, . /Rotate 0 18. /MediaBox [0 0 612 792] 2. << 69 0 obj >> /Resources 341 0 R 1. /Annots [] 22. /Type /Page /Type /Page 23. >> /Rotate 0 After the acquisition, Republic would control about 31 percent--and two firms over 80 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $24 million. /Rotate 0 50 0 obj /CropBox [0 0 612 792] /Resources 261 0 R /Annots [] /Type /Page .+p>hPhb4yiK=c`/XOv@|fe`iY << /Contents [138 0 R 139 0 R 140 0 R] What happens if the temporary injunction is not granted? /Type /Pages /Resources 409 0 R >> 25. Because of its characteristics (e.g. 41 0 obj << xref %%EOF /Kids [35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R] /MediaBox [0 0 612 792] In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. Section 13(b) of the FTC Act, 15 U.S.C. /Parent 10 0 R >> not /Contents [302 0 R 303 0 R 304 0 R] >> >> 62 0 obj 57. /Type /Page /Count 9 endobj >> /Type /Page The President of the United States and the Governor of Florida have each declared a state of emergency. /Resources 401 0 R /Rotate 0 /Rotate 0 endobj /Rotate 0 /Type /Page A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. /Contents [406 0 R 407 0 R 408 0 R] /ModDate (D:20220824143048-04'00') 56 0 obj The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. Is there any vagueness, or is everything extremely clear? 61. /Contents [150 0 R 151 0 R 152 0 R] /CropBox [0 0 612 792] /Type /Page ? /Length 3282 /Type /Page /Resources 321 0 R 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. 33. /CropBox [0 0 612 792] >> /Type /Page /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] /Annots [] /MediaBox [0 0 612 792] /Annots [] /Rotate 0 Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. /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. >> /Type /Page /Rotate 0 endobj clearly appears from specific facts shown by affidavit or by verified complaint that immediate or 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. <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>> ( /CropBox [0 0 612 792] /Type /Page /MediaBox [0 0 612 792] (Compl . >> ( 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. /Type /Page /Contents [262 0 R 263 0 R 264 0 R] /MediaBox [0 0 612 792] << /Creator (PScript5.dll Version 5.2.2) Roll-off waste collection services are generally provided in localized areas because a roll-off truck cannot be efficiently or profitably driven significantly longer distances than those driven by a competitor to collect and dispose of the waste. /Contents [94 0 R 95 0 R 96 0 R] 30 0 obj <>/Filter/FlateDecode/ID[<3860DCF29749FC4EACF121159FB5FA73><3860DCF29749FC4EACF121159FB5FA73>]/Index[25 7]/Info 24 0 R/Length 36/Prev 968458/Root 26 0 R/Size 32/Type/XRef/W[1 2 0]>>stream /Resources 317 0 R Allied is the nation's second largest waste hauling and disposal company. 0000003135 00000 n 42. /Rotate 0 It is economically impractical for a roll-off waste collection firm to serve metropolitan areas from a distant base. 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. 85 0 obj 7.) /MediaBox [0 0 612 792] /CropBox [0 0 612 792] << ( endobj An official website of the United States government. /Resources 185 0 R /MediaBox [0 0 612 792] /Annots [] 0 Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. This Court has supplemental jurisdiction over the State of Florida's state claims pursuant to COMPLAINT -3-q;;m: @ii$$1$$ &JIIJAI JKQI !.1 i&%iiM tv . Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). /Rotate 0 /Parent 11 0 R /Annots [] /Type /Page 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. /Rotate 0 and Florida Statute 86.011, et seq. 19 0 obj /Contents [198 0 R 199 0 R 200 0 R] /CropBox [0 0 612 792] ( /CropBox [0 0 612 792] /Type /Page /Contents [110 0 R 111 0 R 112 0 R] << /Contents [214 0 R 215 0 R 216 0 R] endstream endobj 29 0 obj <>stream /Contents [246 0 R 247 0 R 248 0 R] /CropBox [0 0 612 792] "New York City, NY area" means the Borough of Brooklyn, New York. 29. /Resources 397 0 R 36. endobj >> 7402(a) to prevent such conduct. endobj ( /Parent 10 0 R /Annots [] /Annots [] After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. 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. 31 0 obj The extension ofvote-by-mail options and other accommodations at polling places is necessary. relief pursuant to Chapter 86, Florida Statutes. 4 0 obj hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ. /Resources 373 0 R 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 /CropBox [0 0 612 792] 67. /MediaBox [0 0 612 792] >> 68. /Annots [] << /Resources 169 0 R /Rotate 0 /Contents [154 0 R 155 0 R 156 0 R] If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050. 3 0 obj >> 59. /MediaBox [0 0 612 792] /Type /Page /CropBox [0 0 612 792] 70 0 obj MSW has physical characteristics that readily distinguish it from other liquid or solid waste. %PDF-1.6 /Contents [322 0 R 323 0 R 324 0 R] /CropBox [0 0 612 792] % /Rotate 0 /Contents [334 0 R 335 0 R 336 0 R] >> /Rotate 0 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? /Parent 12 0 R /Annots [] Finally, prices for small container service are influenced principally by the density of the routes served by each vehicle; prices for roll-off services are influenced primarily by the distance of the customer's location from the hauler's location and the disposal site, the time required to travel those distances, and the cost of disposal at the disposal site. /Contents [238 0 R 239 0 R 240 0 R] xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. ("MFS"), is a Florida corporation that has a principal place of . While small container commercial waste collection typically involves a FEL truck making regular stops on pre-scheduled routes to empty numerous containers at multiple customer locations, roll-off waste collection is often performed on an "on-call" basis for customers whose waste is not part of any route. /MediaBox [0 0 612 792] /Type /Page In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. /Rotate 0 /Rotate 0 /Type /Page /MediaBox [0 0 612 792] /CropBox [0 0 612 792] 1114 Trademark Infringement . /Parent 14 0 R /Parent 14 0 R ( >> THIS COURT'S POWER TO GRANT RELIEF 84. The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action to enjoin the acquisition of certain waste hauling and disposal assets by Defendants Allied Waste Industries, Inc. ("Allied") and Republic Services, Inc. ("Republic") and to obtain equitable relief and other relief as appropriate. 43 0 obj 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 The Corps' environmental analysis for this project is based on the same assumptions and hb```f`` $V30 1;oO_Ia`sF!gbl!O| ` 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. << 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] /Parent 13 0 R /CropBox [0 0 612 792] >> /Resources 309 0 R /Resources 385 0 R 60. 4. /CropBox [0 0 612 792] 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] /Resources 229 0 R << 0000001149 00000 n /MediaBox [0 0 612 792] %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr /Parent 10 0 R 0000001641 00000 n endobj endobj /Annots [] /CropBox [0 0 612 792] %PDF-1.4 % >> /Resources 369 0 R Because of the differences in the collection process, residential customers and commercial customers usually are organized into separate routes. 11 0 obj endobj did not involve a claim for declaratory relief. /Type /Page /Contents [390 0 R 391 0 R 392 0 R] /Rotate 0 /Resources 217 0 R endobj /CropBox [0 0 612 792] 7 0 obj /Resources 137 0 R 67 0 obj Therefore, it should not be a decision made lightly. ( 20 0 obj Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . /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] << /Resources 377 0 R endobj prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. /Contents [202 0 R 203 0 R 204 0 R] /Rotate 0 /Type /Page /Rotate 0 /Annots [] /CropBox [0 0 612 792] /Annots [] /Type /Page 83 0 obj 24. Complaint for Injunctive Relief . Copyright 2008-2023 Jimerson Birr, P.A. endobj 48. /MediaBox [0 0 612 792] /Annots [] This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. /Annots [] /Type /Pages What impact will it have on third-parties and employees? Local roll-off waste collection firms in the Macon, GA area can profitably increase charges to local customers without losing significant sales to more distant competitors. /Resources 389 0 R Amended Complaint "Motion") [ECF(the No. /Parent 8 0 R "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. /Parent 12 0 R /Annots [] /Producer <4163726F6261742044697374696C6C65722032322E30202857696E646F7773293B206D6F646966696564207573696E67206954657874AE20372E312E3620A9323030302D323031392069546578742047726F7570204E56202841646D696E697374726174697665204F6666696365206F662074686520556E697465642053746174657320436F757274733B206C6963656E7365642076657273696F6E29> >> ( /Contents [158 0 R 159 0 R 160 0 R] /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Contents [182 0 R 183 0 R 184 0 R] >> << 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. /MediaBox [0 0 612 792] 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. endobj /CropBox [0 0 612 792] << There are no good substitutes for MSW disposal. endobj 0000001317 00000 n endobj "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson, the northwestern part of Cheatham, and the western part of Robertson counties, Tennessee. endobj A complaint for declaratory relief must allege the following: there is a bona fide dispute between the parties; the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or privilege, or as to some fact upon which existence of such a claim may depend; /Resources 113 0 R /Rotate 0 << 1 1 On February 7, 2023 and February 16, 2023, Plaintiff filed motions for preliminary 2 injunctive relief. 79 0 obj endobj << As such, following the process to the tee will help improve your chances for success. Does the temporary injunction preserve the Status Quo or does it make a change? REPUBLIC SERVICES, INC., 110 S.E. /Count 10 87 0 obj In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. %PDF-1.5 % /Rotate 0 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. /CropBox [0 0 612 792] endobj stream 0 /Type /Page /Rotate 0 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. 28. There could be a negative impact on the plaintiffs public image. /Parent 13 0 R 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. Firms that compete in the disposal of MSW generated in the Anderson, IN or New York City, NY areas can profitably increase their charges for disposal of MSW generated in each area without losing significant sales to more distant disposal sites. 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. /Resources 353 0 R 2 0 obj Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Type /Page >> /CropBox [0 0 612 792] 0000006750 00000 n If the major roll-off competitor in a market likewise precludes significant competition through the use of long-term customer contracts which automatically renew, entry by new competitors and growth from existing ones are further hindered. Charles B. Jimerson /CropBox [0 0 612 792] /Rotate 0 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. /CropBox [0 0 612 792] /Contents [290 0 R 291 0 R 292 0 R] >> /Type /Page /Parent 14 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. >> /MediaBox [0 0 612 792] endobj /Annots [] . /Type /Page 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 /Contents [286 0 R 287 0 R 288 0 R] >> >> /Contents [378 0 R 379 0 R 380 0 R] /Kids [7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R] hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream /Parent 14 0 R >> /Contents [266 0 R 267 0 R 268 0 R] 3601, et seq. /Parent 8 0 R /Contents [370 0 R 371 0 R 372 0 R] /Contents [146 0 R 147 0 R 148 0 R] << Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. 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. /Contents [102 0 R 103 0 R 104 0 R] Microsoft Word - 2022-08-24 - Complaint - FINAL 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] 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] trailer 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. >> 50. %PDF-1.5 Plaintiff, Florida Carry, is a Florida Not-For-Profit Corporation with a principal place of business located at 1090 Wild Holly Drive, Port Orange, Florida, 32129. 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. Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases.