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1
.
US COMPLIANCE WITH ANTITRUST PROCEDURES AND PENALTIES ACT
|
EXTRACTED KEY WORDS
UNITED STATES JUDGEMENT DIVEST COMPETITION DISPOSE LANDFILL WASTE COLLECTION FRANCHISE CHICAGO SPOON RIDGE COMMERCIAL WASTE REQUIRING SOLID WASTE CONTRACTS FIRM MUNICIPALITIES PUBLICATION COMMUNITIES COUNTY ROUTES MARKET PURSUANT CITY ASSETS DEFENDANTS COURT SEPARATE HOUSE BUSINESS |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________)
UNITED STATES OF AMERICA, )
)
Plaintiff, ) Case No. 1: 99 CV 01962
)
v. ) JUDGE: Ricardo M. Urbina
)
ALLIED WASTE INDUSTRIES, INC., and ) DECK TYPE: Antitrust
BROWNING-FERRIS INDUSTRIES, INC., ))
Defendants. )
__________________________________________)
UNITED STATES'S CERTIFICATE OF COMPLIANCE WITH
PROVISIONS OF THE ANTITRUST PROCEDURES AND PENALTIES ACT
The United States of America hereby certifies that it has complied with the provisions of
the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. §§ 16(b)-(h), and states:
1. The Complaint and proposed Final Judgment in this case were filed on July 20,
1999. A proposed Hold Separate Stipulation and Order ("Hold Separate Order") was filed on
July 20, 1999, and entered by the Court on July 21, 1999. The United States's Competitive
Impact Statement was filed on July 26, 1999.
2. Pursuant to 15 U.S.C. § 16(b), the United States published the proposed Final
Judgment, Hold Separate Order, and Competitive Impact Statement in the Federal Register on
August 6, 1999 (64 Fed. Reg. 42962). A copy of the Federal Register publication is attached as
Exhibit 1.
3. Pursuant to 15 U.S.C. §16 (d), the United States furnished copies of the
Complaint, Hold Separate Order, proposed Judgment and Competitive Impact Statement to
anyone requesting them.
SNIPPETS:
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2
.
HOLD SEPARATE ORDER
|
EXTRACTED KEY WORDS
DEFENDANTS TRANSFER STATION HAULING ASSETS COMMERCIAL ROUTES JUDGEMENT SEPARATE STIPULATION COURT LANDFILL WASTE SERVE CITY BUSINESS UNITED STATES COUNTY COUNTIES DIVESTITURES ENTRY BFI MANAGEMENT PARTIES DENVER EVANSVILLE COMPETITION HIGHWAY CITIES OKLAHOMA CITY KALAMAZOO EXCEPTION SALES |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________)
UNITED STATES OF AMERICA, )
)
Plaintiff, ) Case No. 1:99 CV 01962
)
v. )) JUDGE: Ricardo M. Urbina
ALLIED WASTE INDUSTRIES, INC., and )
BROWNING-FERRIS INDUSTRIES, INC., ) DECK TYPE: Antitrust
)
Defendants. ) DATE STAMP: 07/20/1999
__________________________________________)
HOLD SEPARATE STIPULATION AND ORDER
It is hereby stipulated and agreed by and between the undersigned parties, subject to
approval and entry by the Court, that:
I.
DEFINITIONS
As used in this Hold Separate Stipulation and Order:
A. "Allied" means defendant Allied Waste Industries, Inc., a Delaware corporation
with its headquarters in Scottsdale, Arizona, and includes its successors and assigns, and its
subsidiaries, divisions, groups, affiliates, directors, officers, managers, agents, and employees.
B. "BFI" means defendant Browning-Ferris Industries, Inc., a Delaware corporation
with its headquarters in Houston, Texas, and includes its successors and assigns, and its
subsidiaries, divisions, groups, affiliates, directors, officers, managers, agents, and employees.
C. "Relevant Disposal Assets" means, unless otherwise noted, with respect to each
landfill, incinerator, or transfer station listed and described herein, all of defendants' rights,
and interests in any tangible assets, including all fee and leasehold and renewal rights in the
landfill, incinerator or transfer station; the garage and related facilities; offices; any related
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3
.
COMPETITIVE IMPACT STATEMENT
|
EXTRACTED KEY WORDS
JUDGEMENT COMMERCIAL WASTE COLLECTION UNITED STATES LANDFILL TRANSFER STATION BFI CONTAINER COMMERCIAL WASTE COMPETITION ENTRY COMPLAINT ALLEGES MUNICIPAL SOLID WASTE ANTITRUST ACQUISITION INCINERATOR ROUTES COMPETITORS BROWNING-FERRIS INDUSTRIES DEFENDANTS CLAYTON ACT COMPETITIVE IMPACT OKLAHOMA CITY WASTE COLLECTION FIRMS DIVESTITURES COMPETITIVE IMPACT STATEMENT PROCEEDING KALAMAZOO/BATTLE CREEK AIRSPACE DISPOSAL RIGHTS MSW MARKET INCUMBENTS |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________)
UNITED STATES OF AMERICA, )
)
Plaintiff, ) Case No. 1: 99 CV 01962
)
v. ) JUDGE: Ricardo M. Urbina
)
ALLIED WASTE INDUSTRIES, INC., and ) DECK TYPE: Antitrust
BROWNING-FERRIS INDUSTRIES, INC., ))
Defendants. )
__________________________________________)
COMPETITIVE IMPACT STATEMENT
The United States, pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act
("APPA"), 15 U.S.C. § 16(b)-(h), files this Competitive Impact Statement relating to the
proposed Final Judgment submitted for entry in this civil antitrust proceeding.
I. NATURE AND PURPOSE OF THE PROCEEDING
On July 20, 1999, the United States filed a civil antitrust suit that alleges that the
acquisition by Allied Waste Industries, Inc. ("Allied") of Browning-Ferris Industries, Inc. ("BFI")
would violate Section 7 of the Clayton Act, 15 U.S.C. § 18. The Complaint alleges that in many
markets throughout the United States, Allied and BFI are two of the most significant competitors
in small container commercial waste collection, disposal of municipal solid waste ("MSW")
(i.e.,the operation of landfills, transfer stations or incinerators), or both services.
The Complaint alleges that a combination of Allied and BFI would substantially lessen
competition in the disposal of municipal solid waste in thirteen highly concentrated markets:
Akron/Canton, Ohio; Atlanta, Georgia; Boston, Massachusetts; Charlotte, North Carolina;
Chicago, Illinois; Denver, Colorado; Detroit, Michigan; Evansville, Indiana; Joplin/Lamar and
Springfield, Illinois; Kalamazoo/Battle Creek, Michigan; Moline, Illinois; Oakland, California; and
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4
.
US EXPLANATION OF CONSENT DECREE PROCEDURES
|
EXTRACTED KEY WORDS
JUDGEMENT COURT ENTRY ANTITRUST APPA CONSENT SETTLE STIPULATION COMPLIANCE COMPETITIVE IMPACT STATEMENT FEDERAL REGISTER RESPONSES MEMORANDUM SUMMARIZING PURSUANT PENALTIES ACT CIVIL ANTITRUST COMPLAINT SEPARATE STIPULATION PARTIES IMPACT STATEMENT RELATING NEWSPAPERS PRIOR MEMBERS JUSTICE ANTITRUST DIVISION EXPIRATION WITHDRAW PARAGRAPH UNITED STATES REQUESTS |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________)
UNITED STATES OF AMERICA, )
)
Plaintiff, ) Case No. 1:99 CV 01962
)
v. )) JUDGE: Ricardo M. Urbina
ALLIED WASTE INDUSTRIES, INC., and )
BROWNING-FERRIS INDUSTRIES, INC., ) DECK TYPE: Antitrust
)
Defendants. ) DATE STAMP: 07/20/1999
__________________________________________)
UNITED STATES'S EXPLANATION OF CONSENT DECREE PROCEDURES
The United States submits this short memorandum summarizing the procedures regarding
the Court's entry of the proposed Final Judgment. This Judgment would settle this case pursuant
to the Antitrust Procedures and Penalties Act, 15 U.S.C. §§ 16(b)-(h) (the "APPA"), which
applies to civil antitrust cases brought and settled by the United States.
1. Today, the United States has filed a Complaint, a proposed Final Judgment, and a
Hold Separate Stipulation and Order between the parties by which they have agreed that the
Court may enter the proposed Final Judgment following the United States's compliance with the
APPA.
2. The United States very shortly will file a Competitive Impact Statement relating
the proposed Judgment [15 U.S.C. § 16(b)].
3. The APPA requires that the United States publish the proposed Final Judgment and
the Competitive Impact Statement in the Federal Register and in certain newspapers at least 60
days prior to entry of the proposed Final Judgment. The notice will inform members of the public
that they may submit comments about the proposed Final Judgment to the United States
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5
.
PROPOSED ORDER
|
EXTRACTED KEY WORDS
ROUTES WASTE PARTIES ALLIED WASTE INDUSTRIES ENTRY DEFENDANTS DIVEST CHICAGO ROLLOFF WASTE MUNICIPAL FRANCHISE SERVE HEREBY UNITED STATES MOTION PROVISIONS WASTE COLLECTION ROUTES COOK DUPAGE COUNTIES SUBSTITUTE HAULING CONTRACTS CITIES GOLF COMPLIANCE ANTITRUST PENALTIES ACT BUSINESS CHICAGO METROPOLITAN MARKET |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________)
UNITED STATES OF AMERICA, )
)
Plaintiff, ) Case No. 1: 99 CV 01962
)
v. ) JUDGE: Ricardo M. Urbina
)
ALLIED WASTE INDUSTRIES, INC., and ) DECK TYPE: Antitrust
BROWNING-FERRIS INDUSTRIES, INC., ))
Defendants. )
__________________________________________)
ORDER
The United States, Allied Waste Industries, Inc. and Browning-Ferris Industries, Inc.
have jointly filed a motion for entry of a proposed Modified Final Judgment in the above-entitled
action. The Modified Final Judgment proposed by the parties would replace the proposed Final
Judgment which was filed by the parties on July 20, 1999 but has not yet been entered;
This joint motion is made pursuant to Section XIII of the proposed Final Judgment
which provides in part that "any of the parties to this Final Judgment [can] apply to
this Court at any time . . . for the modification of any of the provisions hereof . . . .";
The proposed Final Judgment, as originally filed, provided that the defendants will
divest all of BFI's former commercial waste collection routes serving the City of Chicago and
Cook, DuPage, Will, Kane, McHenry, and Lake counties in Illinois;
Because of comments received on the proposed Final Judgment, the parties have
moved for the entry of a Modified Final Judgment which permits Allied to substitute certain
residential and rolloff waste collection routes for municipal franchise commercial hauling
contracts. The Modified Final Judgment at page 9 adds the following language to Section
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6
.
PROPOSED MODIFIED FINAL JUDGMENT
|
EXTRACTED KEY WORDS
RELEVANT DISPOSAL ASSETS JUDGEMENT UNITED STATES RELEVANT HAULING ASSETS DIVESTITURE WASTE COURT TRUSTEE PROVISIONS PURCHASER ATTORNEY LANDFILL PARTY TRANSFER STATION COMMERCIAL ROUTES BROWNING-FERRIS INDUSTRIES COMPLAINT ACCOMPLISH COMPETITION AIRSPACE DISPOSAL RIGHTS CONTAINER SOLID WASTE REQUIRED DIVESTITURES SOLE DISCRETION KALAMAZOO AFFIDAVIT CHARLOTTE TRANSFER STATION PLAINTIFF ADJUDICATION JUDGMENT PENDING |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________)
UNITED STATES OF AMERICA, )
)
Plaintiff, ) Case No. 1:99 CV 01962
)
v. )) JUDGE: Ricardo M. Urbina
ALLIED WASTE INDUSTRIES, INC., and )
BROWNING-FERRIS INDUSTRIES, INC., ) DECK TYPE: Antitrust
)
Defendants. ) DATE STAMP: 07/20/1999
__________________________________________)
MODIFIED FINAL JUDGMENT
WHEREAS, plaintiff, the United States of America, having filed its Complaint in this
action on July 20, 1999, and plaintiff and defendants, Allied Waste Services, Inc. ("Allied") and
Browning-Ferris Industries, Inc. ("BFI"), by their respective attorneys, having consented to the
entry of this Final Judgment without trial or adjudication of any issue of fact or law herein, and
without this Final Judgment constituting any evidence against or an admission by any party with
respect to any issue of law or fact herein;
AND WHEREAS, defendants have agreed to be bound by the provisions of this Final
Judgment pending its approval by the Court;
AND WHEREAS, the essence of this Final Judgment is the prompt and certain divestiture
of the Relevant Disposal Assets and Relevant Hauling Assets to assure that competition is not
substantially lessened;
AND WHEREAS, the United States requires defendants to make certain divestitures for
the purpose of establishing one or more viable competitors in the waste disposal business, the
commercial waste hauling business, or both, in the specified areas;
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7
.
PROPOSED FINAL JUDGMENT
|
EXTRACTED KEY WORDS
RELEVANT DISPOSAL ASSETS JUDGEMENT UNITED STATES RELEVANT HAULING ASSETS DIVESTITURE WASTE COURT PROVISIONS TRUSTEE PURCHASER ATTORNEY LANDFILL PARTY TRANSFER STATION BROWNING-FERRIS INDUSTRIES PURPOSE COMMERCIAL ROUTES COMPLAINT ACCOMPLISH COMPETITION AIRSPACE DISPOSAL RIGHTS CONTAINER SOLID WASTE REQUIRED DIVESTITURES SOLE DISCRETION KALAMAZOO CHARLOTTE TRANSFER STATION PLAINTIFF ADJUDICATION JUDGMENT PENDING |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________)
UNITED STATES OF AMERICA, )
)
Plaintiff, ) Civil No. 1:99CV01962
)
v. )) JUDGE: Richard M. Urbina
ALLIED WASTE INDUSTRIES, INC., and )
BROWNING-FERRIS INDUSTRIES, INC., ) DECK TYPE: Antitrust
)
Defendants. ) DATE STAMP: 07/20/1999
__________________________________________)
PROPOSED FINAL JUDGMENT
WHEREAS, plaintiff, the United States of America, having filed its Complaint in this
action on July 20, 1999, and plaintiff and defendants, Allied Waste Services, Inc. ("Allied") and
Browning-Ferris Industries, Inc. ("BFI"), by their respective attorneys, having consented to the
entry of this Final Judgment without trial or adjudication of any issue of fact or law herein, and
without this Final Judgment constituting any evidence against or an admission by any party with
respect to any issue of law or fact herein;
AND WHEREAS, defendants have agreed to be bound by the provisions of this Final
Judgment pending its approval by the Court;
AND WHEREAS, the essence of this Final Judgment is the prompt and certain divestiture
of the Relevant Disposal Assets and Relevant Hauling Assets to assure that competition is not
substantially lessened;
EXHIBIT A
AND WHEREAS, the United States requires defendants to make certain divestitures for
SNIPPETS:
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8
.
MOTION FOR ENTRY OF MODIFIED FINAL JUDGMENT
|
EXTRACTED KEY WORDS
MUNICIPAL FRANCHISE DIVEST ROUTES INDUSTRIES JOINT MOTION UNITED STATES ALLIED WASTE PARTIES DEFENDANTS METROPOLITAN CHICAGO HAULING MUNICIPAL FRANCHISE CONTRACTS ROLLOFF BROWNING-FERRIS INDUSTRIES PERMIT DEFENDANTS SERVE ANTITRUST ENTRY COURT COOK DUPAGE COUNTIES WASTE HAULING BUSINESS MARKET SUBSTITUTE CITIES ASSETS CERTIFICATE ALTER |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________)
UNITED STATES OF AMERICA, )
)
Plaintiff, ) Case No. 1:99 CV 01962
)
v. )) JUDGE: Ricardo M. Urbina
ALLIED WASTE INDUSTRIES, INC., and )
BROWNING-FERRIS INDUSTRIES, INC., ) DECK TYPE: Antitrust
)
Defendants. )
__________________________________________)
JOINT MOTION OF UNITED STATES, ALLIED WASTE INDUSTRIES, INC., AND
BROWNING-FERRIS INDUSTRIES, INC. FOR ENTRY OF A MODIFIED FINAL
JUDGMENT FILED IN THE ABOVE-ENTITLED CASE ON JULY 20, 1999
The United States, Allied Waste Industries, Inc. ("Allied"), and Browning-Ferris
Industries, Inc. (which has been acquired by Allied and is included under "Allied" in this Joint
Motion) jointly move for entry of a modified version of the proposed Final Judgment
which was filed on July 20, 1999 in the above-entitled case but has not yet been entered.
This motion is made pursuant to Section XIII of the proposed Final Judgment which
provides in part that "any of the parties to this Final Judgment [can] apply to this Court at
any time . . . for the modification of any of the provisions hereof . . . ."
Section II. D. (4) of the proposed Final Judgment requires that the defendants divest BFI's
former commercial hauling routes serving the City of Chicago and Cook, DuPage, Will, Kane,
McHenry and Lake counties in Illinois. As written, these routes would include some commercial
routes in the greater metropolitan Chicago area which are covered by municipal franchise
1
contracts. The parties now move to modify this requirement to permit defendants to retain these
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9
.
MODIFIED FINAL JUDGMENT
|
EXTRACTED KEY WORDS
RELEVANT DISPOSAL ASSETS JUDGEMENT UNITED STATES RELEVANT HAULING ASSETS DIVESTITURE WASTE COURT TRUSTEE PROVISIONS PURCHASER ATTORNEY LANDFILL PARTY TRANSFER STATION COMMERCIAL ROUTES BROWNING-FERRIS INDUSTRIES COMPLAINT ACCOMPLISH COMPETITION AIRSPACE DISPOSAL RIGHTS CONTAINER SOLID WASTE REQUIRED DIVESTITURES SOLE DISCRETION KALAMAZOO AFFIDAVIT CHARLOTTE TRANSFER STATION PLAINTIFF ADJUDICATION JUDGMENT PENDING |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________)
UNITED STATES OF AMERICA, )
)
Plaintiff, ) Case No. 1:99 CV 01962
)
v. )) JUDGE: Ricardo M. Urbina
ALLIED WASTE INDUSTRIES, INC., and )
BROWNING-FERRIS INDUSTRIES, INC., ) DECK TYPE: Antitrust
)
Defendants. ) DATE STAMP: 07/20/1999
__________________________________________)
MODIFIED FINAL JUDGMENT
WHEREAS, plaintiff, the United States of America, having filed its Complaint in this
action on July 20, 1999, and plaintiff and defendants, Allied Waste Services, Inc. ("Allied") and
Browning-Ferris Industries, Inc. ("BFI"), by their respective attorneys, having consented to the
entry of this Final Judgment without trial or adjudication of any issue of fact or law herein, and
without this Final Judgment constituting any evidence against or an admission by any party with
respect to any issue of law or fact herein;
AND WHEREAS, defendants have agreed to be bound by the provisions of this Final
Judgment pending its approval by the Court;
AND WHEREAS, the essence of this Final Judgment is the prompt and certain divestiture
of the Relevant Disposal Assets and Relevant Hauling Assets to assure that competition is not
substantially lessened;
AND WHEREAS, the United States requires defendants to make certain divestitures for
the purpose of establishing one or more viable competitors in the waste disposal business, the
commercial waste hauling business, or both, in the specified areas;
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10
.
MEMO FOR MOTION FOR ENTRY OF PROPOSED MODIFIED FINAL JUDGMENT
|
EXTRACTED KEY WORDS
JUDGEMENT WASTE DIVESTITURE CHICAGO ROUTES COMPETITION HAULING ASSETS COURT FRANCHISE ROLLOFF DEFENDANTS CONTAINER MUNICIPAL FRANCHISE MARKET PROVISIONS ANTITRUST COMPLIANCE CERTIFICATE SUPERIOR ENTRY INDUSTRIES OBJECTIONS ANTITRUST PROCEDURES PENALTIES ACT CHICAGO METROPOLITAN BUSINESS ACCEPTABILITY SUPP |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________)
UNITED STATES OF AMERICA, )
)
Plaintiff, ) Case No. 1:99 CV 01962
)
v. )) JUDGE: Ricardo M. Urbina
ALLIED WASTE INDUSTRIES, INC., and )
BROWNING-FERRIS INDUSTRIES, INC., ) DECK TYPE: Antitrust
)
Defendants. )
__________________________________________)
MEMORANDUM OF THE UNITED STATES IN SUPPORT OF JOINT MOTION
FOR ENTRY OF THE PROPOSED MODIFIED FINAL JUDGMENT
The plaintiff United States and defendants Allied Waste Industries, Inc. ("Allied")
and Browning-Ferris Industries, Inc. (which has subsequently been acquired by Allied and is
included under "Allied" in this memorandum) have jointly moved for entry of a proposed modified
Final Judgment. The modification is sought to address certain objections to the proposed Final
Judgment received during the 60-day comment period. The motion is made pursuant to Section
XIII of the proposed Final Judgment which provides in part that "any of the parties to this Final
Judgment [can] apply to this Court at any time . . . for the modification of any of the provisions
hereof . . . ."
I. PROCEDURAL BACKGROUND
On July 20, 1999, the United States filed a civil antitrust complaint which alleged that
Allied's acquisition of Browning-Ferris Industries, Inc. would violate Section 7 of the Clayton Act,
15 U.S.C. § 18. The Complaint alleged that the merger would substantially lessen competition in
the disposal of municipal solid waste in thirteen highly concentrated markets and substantially
lessen competition in the provision of commercial small container waste collection services in
SNIPPETS:
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11
.
FINAL JUDGMENT
|
EXTRACTED KEY WORDS
DEFENDANTS JUDGEMENT UNITED STATES RELEVANT HAULING ASSETS DIVESTITURE WASTE COURT PROVISIONS TRUSTEE ALLIED WASTE INDUSTRIES ATTORNEY PURCHASER PARTY LANDFILL TRANSFER STATION COMMERCIAL ROUTES COMPLAINT BROWNING-FERRIS ACCOMPLISH COMPETITION AIRSPACE DISPOSAL RIGHTS CONTAINER SOLID WASTE REQUIRED DIVESTITURES SOLE DISCRETION KALAMAZOO CHARLOTTE TRANSFER STATION PLAINTIFF ADJUDICATION JUDGMENT PENDING |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________)
UNITED STATES OF AMERICA, )
)
Plaintiff, ) Civil No. 1:99CV01962
)
v. )) JUDGE: Richard M. Urbina
ALLIED WASTE INDUSTRIES, INC., and )
BROWNING-FERRIS INDUSTRIES, INC.,) DECK TYPE: Antitrust
)
Defendants. ) DATE STAMP: 07/20/1999
__________________________________________)
FINAL JUDGMENT
WHEREAS, plaintiff, the United States of America, having filed its Complaint in this
July 20, 1999, and plaintiff and defendants, Allied Waste Services, Inc. ("Allied") and
Industries, Inc. ("BFI"), by their respective attorneys, having consented to the entry of this Final
Judgment without trial or adjudication of any issue of fact or law herein, and without this Final
constituting any evidence against or an admission by any party with respect to any issue of law or
herein;
AND WHEREAS, defendants have agreed to be bound by the provisions of this Final
Judgment pending its approval by the Court;
AND WHEREAS, the essence of this Final Judgment is the prompt and certain divestiture of
the Relevant Disposal Assets and Relevant Hauling Assets to assure that competition is not
lessened;
EXHIBIT A
AND WHEREAS, the United States requires defendants to make certain divestitures for the
purpose of establishing one or more viable competitors in the waste disposal business, the
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12
.
COMPLAINT
|
EXTRACTED KEY WORDS
FIRMS MERGER BFI MSW COMPETE MARKET COMPETITORS CONTAINER COMMERCIAL WASTE SIGNIFICANT FIRMS UNITED STATES ACQUISITION DEFENDANTS TOTAL REVENUES OKLAHOMA CITY LANDFILLS KALAMAZOO/BATTLE CREEK POST-MERGER HHI EVANSVILLE SPRINGFIELD DISPOSAL CAPACITY BFI DIRECTLY COMPETE TRANSFER STATION COMPETITION ROCK FALLS/DIXON DISPOSAL SITE COMMERCIAL ACCOUNTS AKRON/CANTON STATES DISTRICT COURT JOPLIN/LAMAR |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_____________________________________________
)
UNITED STATES OF AMERICA, )
Department of Justice )
Antitrust Division )
1401 H Street, NW, Suite 3000 )
Washington, DC 20530, ) Case No. 1:99 CV 01962
)
Plaintiff, ) JUDGE: Ricardo M. Urbina
)
v. ) DECK TYPE: Antitrust
)
ALLIED WASTE INDUSTRIES, INC., ) DATE STAMP: 07/20/1999
15880 Greenway-Hayden Loop, Suite 100 )
Scottsdale, Arizona 85260; and )
)
BROWNING-FERRIS INDUSTRIES, INC., )
757 North Eldridge at Memorial Drive )
Houston, Texas 77079, )
Defendants. )
_____________________________________________)
COMPLAINT FOR INJUNCTIVE RELIEF
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 by Allied Waste
Inc. ("Allied") of Browning-Ferris Industries, Inc. ("BFI") and to obtain equitable and other relief
as is appropriate. Plaintiff complains and alleges as follows:
1. Allied plans to acquire BFI pursuant to an Agreement and Plan of Merger entered
into by defendants on or about March 7, 1999.
2. Defendants Allied and BFI are, respectively, the third and second largest waste
collection and disposal firms in the United States. In many markets throughout the country,
Allied and BFI directly compete for commercial waste collection and disposal services, and their
combination would eliminate one of only a few competitors or would result in near monopoly.
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