>> 40. Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. Allied is the nation's second largest waste hauling and disposal company. /CropBox [0 0 612 792] In the Augusta, GA area, the acquisition would reduce from three to two the number of significant competitors in the collection of small container commercial waste. In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. _l {:\! 27. >> << 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. endobj /Contents [386 0 R 387 0 R 388 0 R] /Type /Pages For example, for a market consisting of four firms with shares of thirty, thirty, twenty, and twenty percent, the HHI is 2600 (302 + 302 + 202 + 202 = 2600). /CropBox [0 0 612 792] /Contents [366 0 R 367 0 R 368 0 R] >> >> /Parent 12 0 R /Contents [334 0 R 335 0 R 336 0 R] >> Small Container Commercial Waste Collection Service. The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary (PPP) election in Florida, scheduled for tomorrow, March 17, 2020, and cause large-scale voter disenfranchisement falling hardest on communities of color and other historically vulnerable populations. /MediaBox [0 0 612 792] >> /Parent 10 0 R 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. 20. /Contents [110 0 R 111 0 R 112 0 R] /Contents [278 0 R 279 0 R 280 0 R] /CropBox [0 0 612 792] /Annots [] /Parent 4 0 R /Resources 169 0 R 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. hbbd`b`rfb`gb` # /Resources 121 0 R The extension ofvote-by-mail options and other accommodations at polling places is necessary. << /CropBox [0 0 612 792] ( 22408. /Contents [146 0 R 147 0 R 148 0 R] An individual commercial customer typically generates substantially more MSW than a residential customer. >> 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. endstream endobj 29 0 obj <>stream /Type /Page 75 0 obj endobj endstream endobj 26 0 obj <> endobj 27 0 obj <>>>/Rotate 0/Type/Page>> endobj 28 0 obj <>stream /CropBox [0 0 612 792] 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. 36 0 obj << >> ( /Contents [330 0 R 331 0 R 332 0 R] Secure .gov websites use HTTPS 11. Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. 2320 14 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. endobj /Rotate 0 Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. endobj /Rotate 0 Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. /CropBox [0 0 612 792] /Contents [394 0 R 395 0 R 396 0 R] After the acquisition, Allied would control over 55 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $28 million. 18 0 obj 62 0 obj /MediaBox [0 0 612 792] 15. /Contents [210 0 R 211 0 R 212 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. Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /MediaBox [0 0 612 792] /Rotate 0 12. /Rotate 0 Z( /Contents [374 0 R 375 0 R 376 0 R] /CropBox [0 0 612 792] 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 << /Annots [] /Type /Page stream << /Resources 217 0 R 67 0 obj 7. /CropBox [0 0 612 792] JURISDICTION AND VENUE 2. 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. << 2 0 obj /Type /Pages 42. /Annots [] >> 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. /Annots [] /Type /Page /Parent 7 0 R /CropBox [0 0 612 792] /Annots [] 41 0 obj /Contents [106 0 R 107 0 R 108 0 R] Republic would thus be in a position to raise the disposal costs at the landfill and transfer stations which it would own to any new or existing roll-off collection competitor in the Macon, GA area. stream GsYzQh50ee' 10 0 obj /Annots [] 41. 3. /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. 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. In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. /Count 10 ( 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. /Type /Page 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. 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. /Resources 281 0 R /CropBox [0 0 612 792] >> >> endobj << /Rotate 0 /Resources 313 0 R 45], filed on August 192021, . << /Type /Page 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. /Annots [] endobj /CreationDate (D:20220824140929-04'00') 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. 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. 53 0 obj /Parent 8 0 R << Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . Roll-off waste haulers, therefore, generally establish garages and related facilities within each major local area served. /Resources 249 0 R "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. /Type /Page 63 0 obj /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 317 0 R >> /CropBox [0 0 612 792] In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. 47 0 obj /Type /Page 94 0 obj endobj 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. Share sensitive information only on official, secure websites. /CropBox [0 0 612 792] h|VrH}Weo2)RXBr|:=%ts?mlteQG :C:+rl86#m0GcfFmMb`4&;|Xy|^Q(&Y Jf#mb!nDlpfIi QB*Mg< 1. /CropBox [0 0 612 792] "0A149;>>>%.DIC; C Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. 4. /Resources 245 0 R 44 0 obj 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. /MediaBox [0 0 612 792] << /Annots [] Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? << >> For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. /MediaBox [0 0 612 792] >> /CropBox [0 0 612 792] In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. /Annots [] /CropBox [0 0 612 792] 62. SOUTHERN DISTRICT OF FLORIDA . /Contents [290 0 R 291 0 R 292 0 R] In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. 40 0 obj 84 0 obj /Resources 209 0 R /Resources 377 0 R /Parent 12 0 R /Annots [] /Type /Page << 36. 3601, et seq. /Resources 181 0 R /Type /Page /Author (JacqmeinV) 0000000016 00000 n /CropBox [0 0 612 792] >> /Type /Page /Parent 8 0 R endobj /Parent 12 0 R /Type /Page 24. /Rotate 0 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. 31 0 obj << stream endobj endobj To handle this high volume of MSW efficiently, haulers provide commercial customers with small dumpsters for storing the waste. /CropBox [0 0 612 792] >> /Type /Page >> 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. /Parent 8 0 R After the acquisition, Allied would be a monopolist controlling over 98 percent of the small container Commercial waste hauling market, which has annual revenues of about $5 million. /Rotate 0 << Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . /Rotate 0 0000000592 00000 n 25 0 obj After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. << 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. Permit restrictions often impose severe limitations on the type and amount of waste that can be disposed of at landfills. /Parent 9 0 R 0000001149 00000 n endobj /CropBox [0 0 612 792] COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. /MediaBox [0 0 612 792] ( /Annots [] ( 0000001641 00000 n /Creator (PScript5.dll Version 5.2.2) /Metadata 2 0 R For instance, in many states, most MSW is disposed of in landfills, which are permitted under and regulated by the state. The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. %%EOF endobj /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] 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. endobj 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. 35 0 obj /CropBox [0 0 612 792] Does the temporary injunction preserve the Status Quo or does it make a change? endobj /MediaBox [0 0 612 792] /Resources 257 0 R /Parent 12 0 R /Resources 385 0 R JacqmeinV /CropBox [0 0 612 792] /Resources 349 0 R /CropBox [0 0 612 792] /Rotate 0 /CropBox [0 0 612 792] 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. endobj Therefore, it should not be a decision made lightly. >> >> 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. 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. endobj /Type /Page /Contents [370 0 R 371 0 R 372 0 R] /Annots [] /Parent 8 0 R /MediaBox [0 0 612 792] << 28. On February 10, 2023, the Court screened the 27 First Amended Complaint and dismissed it for failure to state a claim, with leave to amend within 28 thirty days. 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 381 0 R << /Parent 12 0 R VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Introduction 1. 22 and 28 U.S.C. advance, Plaintiffs seek immediate declaratory and injunctive relief that directs Defendants to permit a designated representative of each affected candidate and political party into the recount room, as Florida law requires. << /Parent 14 0 R endobj endobj >> 52. >> In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. /Resources 229 0 R In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. /Annots [] /CropBox [0 0 612 792] /MediaBox [0 0 612 792] >> /Contents [310 0 R 311 0 R 312 0 R] << << 14 0 obj REPUBLIC SERVICES, INC., 110 S.E. /Resources 193 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. >> provide relief to all the individuals affected by APD's action. /Filter /FlateDecode /Resources 273 0 R /Type /Page >> >> /Type /Pages Virtually all of the MSW generated in each of these areas is disposed of in transfer stations in each of their local areas. /Contents [402 0 R 403 0 R 404 0 R] 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. MSW landfills can only accept waste up to their permitted daily capacity and have a finite life span. On August 20, . /MediaBox [0 0 612 792] /Annots [] >> Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. /MediaBox [0 0 612 792] endobj /Annots [] An official website of the United States government. /Annots [] /CropBox [0 0 612 792] 6. << for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. 7402(a) to prevent such conduct. In 1999, Allied reported total revenues of approximately $6 billion. 85 0 obj /Rotate 0 12. 79 0 obj /Type /Pages /Parent 7 0 R Therefore, its important to not consider it a tool for righting a wrong. 67. >> << <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> /Parent 10 0 R /Parent 11 0 R /Type /Page There could be a negative impact on the plaintiffs public image. xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A 21. 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. /Resources 333 0 R ( /Type /Pages /Contents [214 0 R 215 0 R 216 0 R] << /MediaBox [0 0 612 792] After the acquisition, Republic would control about 40 percent--and three firms over 75 percent--of the small container commercial waste hauling market, which has annual revenues of about $18 million. /MediaBox [0 0 612 792] endobj Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . /CropBox [0 0 612 792] xb```b``Ig`a`X @1V hdc [`&&v/>4427pHG(Og|sW(7_HPpXp'Skgu`.8!B=\2+".b4dh fZ!WHW3`W+.eP9(tb1P,%pX1EaSO6I)1] K,cMpl q m D@,"R:7S&`u@6j(LjfLT[D1,BPf:9= P1!$Ippa8fHNtD {,nPY 5 Does the injunction provide broad or limited relief? ( hbbd``b`@q=`v0012,I00"0 endstream endobj startxref 0 %%EOF 33 0 obj <>stream << << See Merger Guidelines 1.51. Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. 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.
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