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endobj Suitable landfills are difficult and time-consuming to obtain, and sometimes difficult to expand, because of the scarcity of suitable land, local resident opposition, environmental concerns, and government regulation. endobj 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. << 31 0 obj <>stream ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; << /MediaBox [0 0 612 792] 0000006750 00000 n << >> /Type /Page << Often businesses do not consider the implications for taking this action. >> /Resources 241 0 R 75 0 obj endobj /CropBox [0 0 612 792] /Parent 7 0 R endobj /Annots [] Therefore, the video continues on this topic by explaining: A suit for injunction is an extraordinary remedy for businesses and individuals alike. >> 11. 67 0 obj /Rotate 0 << 20 0 obj /Contents [358 0 R 359 0 R 360 0 R] /Type /Page endobj The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. Introduction Types of Injunctive Relief - The CLM 16 0 obj /Resources 297 0 R /CropBox [0 0 612 792] 33. /Contents [194 0 R 195 0 R 196 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. /Annots [] Rather, its about dealing with the future, not something that happened in the past. 32 0 obj /Count 79 Alexdex. /Parent 13 0 R 19. 0000000592 00000 n endobj /Resources 357 0 R /Resources 353 0 R /Rotate 0 36 0 obj PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief 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. /Annots [] << /Parent 12 0 R /Contents [394 0 R 395 0 R 396 0 R] US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. 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. ( /MediaBox [0 0 612 792] /Annots [] /Type /Page /Rotate 0 9. /Resources 197 0 R What happens if the temporary injunction is not granted? /Type /Page /Rotate 0 endobj /MediaBox [0 0 612 792] The United States is entitled to injunctive relief under 26 U.S.C. ( /CropBox [0 0 612 792] /Rotate 0 /S /D >> /Rotate 0 /MediaBox [0 0 612 792] endobj The operator continues along the route, collecting MSW from each of the commercial accounts until the vehicle is full. ( Republic is engaged in providing waste collection and disposal services throughout the United States. /Resources 309 0 R 32. PDF IN THE CIRCUIT COURT OF THE SECOND JUDICIAL - Florida Carry, Inc. /MediaBox [0 0 612 792] "Columbus, OH area" means the City of Columbus and Franklin and Delaware counties, Ohio. 85 0 obj /Rotate 0 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. 46. The front-end load containers used by small container commercial collection customers cannot be serviced by roll-off trucks. 1 0 obj << /Resources 213 0 R 88 0 obj<>stream /CropBox [0 0 612 792] /Parent 12 0 R 5.) /MediaBox [0 0 612 792] << >> Plaintiff complains and alleges as follows: 1. endobj >> What impact will it have on third-parties and employees? 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. 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. 29. /Annots [] << /CropBox [0 0 612 792] ]Wx C1>*yvL#uR$=I$$WJQg%=ElRS3DE27y1 G. /Parent 14 0 R 52 0 obj >> In the Macon, GA area, the acquisition would also combine the two largest firms that compete in roll-off waste collection service. /MediaBox [0 0 612 792] /Contents [370 0 R 371 0 R 372 0 R] /Annots [] /Parent 4 0 R /Rotate 0 ( >> >> 0000003868 00000 n ( As such, following the process to the tee will help improve your chances for success. endobj 0000001317 00000 n << 10941 and Laws of Florida, Ch. 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. /Parent 7 0 R Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). The operator then drives the FEL truck to a disposal facility, such as a transfer station, landfill or incinerator, and empties the contents of the vehicle. Plaintiff filed this action against defendant for breaching a non-competition agreement. << /MediaBox [0 0 612 792] Amended Complaint "Motion") [ECF(the No. /Annots [] PDF Complaint for Injunctive Relief Representatives /Rotate 0 << prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. /Type /Page 4 0 obj 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. 0000001373 00000 n $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz r! /MediaBox [0 0 612 792] The length of the presentation is 46:09. Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 /Contents [294 0 R 295 0 R 296 0 R] ( <<14CA263718F8354CB34DA495C0495A29>]>> >> /Parent 8 0 R 0000001536 00000 n /Annots [] /Rotate 0 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 endobj 22408. /Resources 253 0 R /Resources 405 0 R Venue is proper in the Circuit Court of the Seventh Judicial Circuit, in and for /Resources 325 0 R 33 0 obj Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. Is there any vagueness, or is everything extremely clear? After the acquisition, Republic would control over 50 percent--and two firms about 90 percent--of the small container commercial waste hauling market, which has annual revenues exceeding $22 million. /Parent 8 0 R /Parent 10 0 R United States District Court Southern District of Florida . /MediaBox [0 0 612 792] The customer's MSW is stored in much smaller containers (e.g., garbage bags or trash cans) and instead of FEL trucks, waste collection firms routinely use REL or side-load trucks, manned by larger crews (usually, two-or three-person teams). /CropBox [0 0 612 792] ( ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . "Monmouth County, NJ area"means the City of Marlboro and Monmouth County, New Jersey. /Parent 9 0 R /Contents [150 0 R 151 0 R 152 0 R] /Type /Page ( endobj /Type /Page 13 0 obj /Contents [274 0 R 275 0 R 276 0 R] << 7. provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. 53(b), to secure preliminary and permanent injunctive relief, rescission of contracts, restitution, disgorgement, and other . Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. ( 51. /Rotate 0 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. >> /MediaBox [0 0 612 792] /Rotate 0 /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] 63. /Contents [286 0 R 287 0 R 288 0 R] /Contents [122 0 R 123 0 R 124 0 R] endobj >> /Rotate 0 /Parent 14 0 R PDF In the Supreme Court of Florida Case No.: Sc11- Third District Case No JacqmeinV Professional Services Industry Legal Blog>. 76 0 obj <> endobj 0000000817 00000 n /Annots [] 2018 to May 6, 2021. /Rotate 0 << /Type /Page 61. /MediaBox [0 0 612 792] /Type /Page /Rotate 0 45], filed on August 192021, . endobj 31 0 obj << PLAINTIFF'S COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF . endobj "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Parent 7 0 R 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). /Parent 10 0 R /CropBox [0 0 612 792] /Parent 10 0 R /Type /Page "0A149;>>>%.DIC; C 7. /Resources 321 0 R << /Annots [] /Parent 10 0 R 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. Plaintiff seeks temporary, preliminary, and permanent injunctive relief pursuant to Rule 65 . /Resources 389 0 R /Annots [] 26. 10. /Type /Page endobj 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. /CropBox [0 0 612 792]
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