/Annots [] /Annots [] /Annots [] /Rotate 0 The extension ofvote-by-mail options and other accommodations at polling places is necessary. ( /CropBox [0 0 612 792] 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. 3 0 obj 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. /Rotate 0 /CropBox [0 0 612 792] /Resources 233 0 R On September 8, 2021, the Court, by consent, entered a preliminary injunction against Garcia. /Parent 8 0 R As such, following the process to the tee will help improve your chances for success. Defendant is defined as a "Public Accommodation" within meaning of Title III /Contents [390 0 R 391 0 R 392 0 R] /MediaBox [0 0 612 792] ( /Type /Page /Annots [] 43 0 obj /Parent 14 0 R 2 0 obj
/Resources 137 0 R /Type /Page /Parent 8 0 R >> << Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. /Contents [278 0 R 279 0 R 280 0 R] /Resources 397 0 R /Resources 317 0 R 40. << 4. 65. /MediaBox [0 0 612 792] 31. /Resources 225 0 R /Parent 12 0 R ( /Type /Page >> /Annots [] Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. /Type /Page endobj The transactions likely will have the following effects, among others: 1. /CropBox [0 0 612 792] /Type /Page 14. For the Court's convenience, Florida has attached a redline, as Exhibit A, showing changes from the First Amended Complaint. /Parent 10 0 R In contrast to a commercial collection route, a residential waste collection route is significantly more labor intensive. >> endobj There are immediate expenditures necessary. /Annots [] An MSW disposal facility must be located on approved types of land and operated under prescribed procedures. 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. <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>>
The county court may issue a temporary and permanent injunction where appropriate for violation of ss. << 86 0 obj endstream
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Copyright 2008-2023 Jimerson Birr, P.A. << 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. /CropBox [0 0 612 792] Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. 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. 52. << endobj JacqmeinV /Count 10 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.
PDF United States District Court Southern District of Florida Case No /Resources 253 0 R /Resources 285 0 R COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . endobj
/S /D not >> /Contents [398 0 R 399 0 R 400 0 R] << /Rotate 0 38 0 obj /Type /Page >> Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. 43. endobj /Annots [] << /Contents [366 0 R 367 0 R 368 0 R] /Annots [] Is the injunction prohibitory or mandatory? /Contents [142 0 R 143 0 R 144 0 R] ( /Type /Page /Type /Page Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . /Annots [] Is there any vagueness, or is everything extremely clear? /Parent 11 0 R
PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief stores and restaurants). ( >> /Parent 13 0 R /Annots [] /Resources 249 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] endobj WEST PALM BEACH DIVISION . /Annots [] 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. startxref
endobj 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. 39. /Contents [114 0 R 115 0 R 116 0 R] >> /Annots [] /Rotate 0 See Laws of Florida, Ch. Local 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 areas can profitably increase charges to local customers without losing significant sales to more distant competitors. 78 0 obj 4 0 obj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
3. /CropBox [0 0 612 792] 47 0 obj >> 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. Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. 0
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PDF United States District Court Southern District of Florida West Palm /Contents [182 0 R 183 0 R 184 0 R] /Resources 333 0 R /Resources 241 0 R /Count 10 /Resources 265 0 R /Annots [] 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. /Contents [126 0 R 127 0 R 128 0 R] ( 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. 80 0 obj 2. /Rotate 0 << /Resources 289 0 R .t. 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? 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. 50. /Parent 9 0 R /MediaBox [0 0 612 792] 88 0 obj <<14CA263718F8354CB34DA495C0495A29>]>>
/MediaBox [0 0 612 792] >> 48 0 obj /Parent 7 0 R /Annots [] THIS COURT'S POWER TO GRANT RELIEF 84. 85 0 obj >> 13. >> /CropBox [0 0 612 792] /Annots [] 66 0 obj The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. /Rotate 0 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. hUN@h/%FT""Qy@Kbxw81FgfvEN.tF2AiP9?{"1zQ.
;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; What impact will it have on third-parties and employees? A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. /Rotate 0 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. /Parent 9 0 R /MediaBox [0 0 612 792] /Type /Page >> endobj 2320 14
12 0 obj /Type /Page << /MediaBox [0 0 612 792] 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. xref
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/Parent 10 0 R C. Reduction in Competition As a Consequence of the Acquisition. Does the injunction provide broad or limited relief? /Parent 13 0 R endobj 8. >> 54 0 obj /Contents [294 0 R 295 0 R 296 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.
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5.) "0A149;>>>%.DIC; C endobj Alexdex. << 20. 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. /Parent 9 0 R . /Parent 7 0 R 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. /Annots [] /Contents [306 0 R 307 0 R 308 0 R] 27. /Type /Page /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Rotate 0 /Rotate 0 /Resources 117 0 R /Contents [270 0 R 271 0 R 272 0 R] The United States is entitled to injunctive relief under 26 U.S.C. endobj The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. Official websites use .gov /CropBox [0 0 612 792] 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. >> /Annots [] 61. ( 36 0 obj 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.