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US v ALLIED WASTE INDUSTRIES and REPUBLIC SERVICES Click to find out why . . .



Keywords & Phrases
CaseNo: UVAWIARS257810, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: US, State: DC Washington D.C., UniqueCaseRef: LCD>UVAWIARS257810, Waste, Relevant Republic Assets, Waste Collection, United States, Judgement, Acquisition, Market, Assets, Competition, Hauling Assets, Divestiture, Container Commercial Waste, Firms, York, Entry, Complaint Alleges, Msw, Commercial Waste Collection, Competitors, Provisions, Augusta, Nashville, Clarksville, Memphis, Roll-off Waste, Customers, Albany, Annual Revenues, Roll-off Waste Collection, Antitrust, Waste Hauling Market, Trustee, Contracts, Competitive Impact, Complaint, Disposal Assets , ContentID: 120245945

Case Documents
1   HOLD SEPARATE ORDER
[ see first page and extracted highlights below  ] ItemID: 112859
11 pages
PDF
2   COMPETITIVE IMPACT STATEMENT
[ see first page and extracted highlights below  ] ItemID: 112857
26 pages
PDF
3 2000-07-28 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 112858
24 pages
PDF
4 2000-06 PROPOSED FINAL JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 112860
21 pages
PDF
Total Documents: 4 documents , 82 pages
Price: $ 34.95


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1 . HOLD SEPARATE ORDER

EXTRACTED KEY WORDS
DEFENDANTS
SEPARATE STIPULATION
JUDGEMENT
ROUTES
COURT
DIVESTITURES
HAULING ASSETS
TRANSFER STATION
BUSINESS
UNITED STATES
MANAGEMENT
DISPOSAL ASSETS
SERVE
SALES
PARTIES
ENTRY
COMMERCIAL WASTE COLLECTION
RIGHTS
CAPITAL EQUIPMENT
CONTRACTS
CONTAINER
CITY
COUNTIES
COUNTY
COMPETITORS
TRUCKS
CUSTOMER LISTS
ACCOUNTS
MARKETING
                                 UNITED STATES DISTRICT COURT
                                FOR THE DISTRICT OF COLUMBIA

__________________________________________)
UNITED STATES OF AMERICA,                                )
                                                         )
                           Plaintiff,                    ))
                v.                                       )         Civil No.
                                                         )
ALLIED WASTE INDUSTRIES, INC., and            )         Filed:
REPUBLIC SERVICES, INC.,                                 ))
                           Defendants.                   )
__________________________________________)


                           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.        "Acquirer" or "Acquirers" means the entity or entities to whom defendants divest

the Divestiture Assets.

        B.      "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, partnerships and joint ventures, and their directors,

officers, managers, agents, and employees.

        C.      "Republic" means defendant Republic Services, Inc.,  a Delaware corporation with

its headquarters in Ft. Lauderdale, Florida, and includes its successors and assigns, and its



subsidiaries, divisions, groups, affiliates, partnerships and joint ventures, and their directors,

officers, managers, agents, and employees.

SNIPPETS:
  • It is hereby stipulated and agreed by and between the undersigned parties,
  • approval and entry by the Court,
  • As used in this Hold Separate Stipulation and Order:
  • "Relevant Allied Assets" means all Relevant Allied Disposal Assets and Relevant
  • Allied Hauling Assets, as further defined below.
  • including all fee and leasehold and renewal rights in the listed transfer station;
  • rights, titles and interests in any intangible assets, including all customer lists,
  • accounts, or options to purchase any adjoining property.
  • each commercial waste collection route or other hauling asset described herein, all tangible
  • including capital equipment, trucks and other vehicles, containers, interests, permits,
  • Allied's front-end and rear-end loader truck small container routes (hereinafter,
  • Delaware counties, Ohio;
  • Allied's commercial routes 901 and 904, that serve Polk County, FL;
  • Allied's commercial routes 902 and 903 that serve the City of Macon;
  • Sellersburg, IN; Jefferson County, KY; and the parts of Floyd and Clark counties, IN abutting
  • served on a Republic Gulf Coast route not being divested pursuant to this Final Judgment;
  • The Final Judgment filed in this case is meant to ensure defendants' prompt
  • small container commercial waste collection business, to remedy the effects that the United
  • Hold Separate Stipulation and Order ensures, prior to such divestitures, that the Relevant
  • COMPLIANCE WITH AND ENTRY OF FINAL JUDGMENT
  • with management, sales and operations of such assets held entirely separate, distinct and
  • Republic shall not coordinate its service, marketing,
  • negotiation of sales or other business operations with those of any Relevant Allied Asset.
  • economically viable and active competitors in the MSW disposal business and the small

  • 2 . COMPETITIVE IMPACT STATEMENT

    EXTRACTED KEY WORDS
    MARKET
    JUDGEMENT
    UNITED STATES
    ASSETS
    COMPETITION
    COURT
    COMPLAINT ALLEGES
    ENTRY
    FIRMS
    COMMERCIAL WASTE COLLECTION
    ACQUISITION
    CONTAINER COMMERCIAL WASTE
    ROLL-OFF WASTE COLLECTION
    ANTITRUST
    COMPETITORS
    MSW
    COMPETITIVE IMPACT
    DIVESTITURE
    VIOLATIONS
    CLAYTON ACT
    COMPETITIVE IMPACT STATEMENT
    DEFENDANTS
    PROVISIONS
    CONTRACT RELIEF
    ANNUAL REVENUES
    PROCEEDING
    GEORGIA AREA
    HAULING ASSETS
    ALLIED WASTE INDUSTRIES
    
                           UNITED STATES DISTRICT COURT
                           FOR THE  DISTRICT OF COLUMBIA
    
    _____________________________________________
                                                                )
    UNITED STATES OF AMERICA,                                   )
                                                                )
                                   Plaintiff,                   )
                                                                )
                   v.                                           ) File No.: 1:00CV01469
                                                                )
    ALLIED WASTE INDUSTRIES, INC. and                           ) JUDGE:  Ricardo M. Urbina
    REPUBLIC SERVICES, INC.,                                    )
                                                                ) DECK TYPE: Antitrust
                                   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
    
           The United States filed a civil antitrust Complaint on June 21, 2000, seeking to enjoin an
    
    exchange of certain waste-hauling and disposal assets by Allied Waste Industries, Inc. ("Allied")
    
    Republic Services, Inc. ("Republic").  Allied and Republic had entered into purchase agreements
    
    pursuant to which the companies would exchange assets in a number of market areas in the United
    
    States.  The Complaint alleges that the likely effects of these asset exchanges would be to
    
    substantially lessen competition for waste collection and disposal services in several markets in
    
    violation of Section 7 of the Clayton Act.  This loss of competition would result in consumers
    
    higher prices and receiving fewer services for the collection and disposal of waste.
    
    
    
           At the same time the Complaint was filed, the United States also filed a Hold Separate
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • The United States, pursuant to Section 2of the Antitrust Procedures and Penalties Act
  • , 15 U.S.C. § 16-, files this Competitive Impact Statement relating to the proposed
  • Final Judgment submitted for entry in this civil antitrust proceeding.
  • pursuant to which the companies would exchange assets in a number of market areas in the
  • The Complaint alleges that the likely effects of these asset exchanges would be to
  • This loss of competition would result in consumers paying
  • the defendants are required to take certain steps to ensure that the
  • provisions of the proposed Final Judgment and to punish violations thereof.
  • is the nation's third largest waste collection and disposal
  • Allied's acquisition of hauling assets in Albany,
  • Waste collection firms, or "haulers," contract to collect municipal solid waste from
  • Small Container Commercial Waste Collection
  • Small container commercial waste collection service is the collection of MSW from
  • market for commercial small container waste collection have allowed incumbent firms to raise
  • which has annual revenues of about $29 million.
  • The acquisition would reduce the number of significant competitors in small container
  • The Effects of the Transactions on Competition in Roll-Off Waste Collection Service
  • The Complaint alleges that the Macon, Georgia area is a section of the country, or relevant
  • The divestiture and contract provisions of the proposed Final Judgment will eliminate the
  • maintained by obtaining a combination of divestiture and contract relief.
  • Section 4 of the Clayton Act provides that any person who has been injured
  • I hereby certify that a copy of the foregoing has been served upon Allied Waste Industries,

  • 3 . COMPLAINT

    EXTRACTED KEY WORDS
    ACQUISITION
    HAULING ASSETS
    YORK
    CONTAINER COMMERCIAL WASTE
    COMPETITION
    MSW
    AUGUSTA
    NASHVILLE
    CLARKSVILLE
    FIRMS
    MEMPHIS
    ROLL-OFF WASTE
    DEFENDANTS
    ALBANY
    WASTE HAULING MARKET
    UNITED STATES
    ANNUAL REVENUES
    PURCHASE AGREEMENTS
    TRANSACTIONS
    TRANSFER STATIONS
    DISPOSAL SITE
    SEPARATE ASSET
    COMPETITORS
    LOUISVILLE
    MONMOUTH COUNTY
    BURLINGTON
    CAMDEN COUNTIES
    TRANSPORTING
    STATES DISTRICT COURT
    
                                 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                                            )      Civil No.
                                                                    )
                                   Plaintiff,                       )  Filed:
                                                                    )
                   v.                                               )
                                                                    )
    ALLIED WASTE INDUSTRIES, INC.,                                  )
    15880 Greenway-Hayden Loop, Suite 100                           )
    Scottsdale, Arizona 85260 and                                   )
                                                                    )
    REPUBLIC SERVICES, INC.,                                        )
    110 S.E. 6th Street                                             )
    Ft. Lauderdale, FL 33301                                        )
                                                                    )
                                   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 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.  Plaintiff
    
    and alleges as follows:
    
    
    
           1.     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.
    
    The proposed transactions, identified below, would lessen competition substantially in waste
    
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • The United States of America, acting under the direction of the Attorney General of the
  • brings this civil antitrust action to enjoin the acquisition of certain waste hauling
  • and disposal assets by Defendants Allied Waste Industries, Inc. and Republic Services,
  • 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
  • The proposed transactions, identified below, would lessen competition substantially in waste
  • Allied's acquisition of hauling assets in Albany, New York;
  • Allied's acquisition of hauling assets in Augusta, Georgia;
  • Republic's acquisition of hauling assets in Louisville, Kentucky
  • and Republic's acquisition of hauling assets in Monmouth, Burlington and Camden
  • "MSW" means municipal solid waste, a term of art used to describe solid putrescible
  • "Transfer station" means an intermediate disposal site,
  • "Clarksville, TN area" means the City of Clarksville and Montgomery, Dickson,
  • "Memphis, TN area" means Shelby County, Tennessee;
  • "Monmouth County, NJ area" means the City of Marlboro and Monmouth
  • "Nashville, TN area" means the City of Nashville and Davidson, Sumner,
  • and hauling assets in Monmouth, Burlington and Camden counties, New Jersey.
  • Small Container Commercial Waste Collection Service
  • Waste collection firms, or "haulers," collect MSW from residential, commercial
  • Roll-off waste collection customers typically generate bulkier items of waste
  • increase charges to local customers without losing significant sales to more distant
  • MSW is generally transported by collection trucks to landfills and transfer stations,
  • The cost of transporting waste to a disposal site is
  • acquisition, Allied would control over 40 percent--and two firms would control over 80

  • 4 . PROPOSED FINAL JUDGMENT

    EXTRACTED KEY WORDS
    DEFENDANTS
    UNITED STATES
    JUDGEMENT
    WASTE
    DIVESTITURE
    COURT
    CUSTOMERS
    PROVISIONS
    TRUSTEE
    CONTRACTS
    COMPLAINT
    ACQUIRERS
    COMMERCIAL ROUTES
    ATTORNEYS
    PARTY
    PLAINTIFF
    DISPOSAL ASSETS
    HAULING ASSETS
    CONTAINER
    ACCOMPLISH
    COMPETITION
    PROPOSED DIVESTITURE
    AFFIDAVIT
    AGREEMENT
    SOLE DISCRETION
    UNITED STATES DISTRICT
    ADJUDICATION
    REAL PROPERTY
    MONTHLY CHARGES
    
                                 UNITED STATES DISTRICT COURT
                                FOR THE DISTRICT OF COLUMBIA
    
    
    
    __________________________________________)
    UNITED STATES OF AMERICA,                             )
                                                          )
                           Plaintiff,                     ))
                   v.                                     ))       Civil No.
    ALLIED WASTE INDUSTRIES, INC., and                    )
    REPUBLIC SERVICES, INC.,                              )        Filed:
                                                          )
                           Defendants.                    )
    __________________________________________)
    
    
    
                                           FINAL JUDGMENT
    
           WHEREAS, plaintiff, the United States of America, having filed its Complaint in this
    
    action on June    , 2000, and plaintiff and defendants, Allied Waste Services, Inc. ("Allied") and
    
    Republic Services, Inc. ("Republic"), 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 Allied Assets and Relevant Republic Assets by the defendants to assure that
    
    competition is not substantially lessened;
    
    
    
            AND WHEREAS, the United States requires defendants to make certain divestitures for
    
    the purpose of remedying the loss of competition alleged in the Complaint;
    
            AND WHEREAS, defendants have represented to the United States that the divestitures
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • WHEREAS, plaintiff, the United States of America, having filed its Complaint in this
  • Republic Services, Inc., 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,
  • defendants have agreed to be bound by the provisions of this Final
  • Judgment pending its approval by the Court;
  • the essence of this Final Judgment is the prompt and certain divestiture
  • the purpose of remedying the loss of competition alleged in the Complaint;
  • adjudication of any issue of fact or law herein, and upon consent of the parties hereto, it
  • the Relevant Allied Assets or Relevant Republic Assets.
  • "Allied" means defendant Allied Waste Industries, Inc., a Delaware corporation
  • G. "Relevant Allied Assets" means all Relevant Allied Disposal Assets and Relevant
  • Allied Hauling Assets, as further defined below.
  • the purchaser, real property and improvements to real property.
  • also includes all intangible assets, including hauling-related customer lists, contracts,
  • Allied's front-end and rear-end loader truck small container routes (hereinafter,
  • Allied's commercial routes 901 and 904 that serve Polk County,
  • Santa Rosa and Okaloosa counties, FL, except for those contracts with route 4 customers also
  • accounts shall not be covered by any separate disposal agreement.
  • that the Acquirer or Acquirers agree to be bound by the
  • acceptable to the United States in its sole discretion.
  • Section IV, or by trustee appointed pursuant to Section V, of this Final Judgment, shall
  • the power and authority to accomplish the divestiture to an Acquireracceptable to the United
  • shall notify the United States of any proposed divestiture required by Section IV
  • party, or the trustee if applicable additional information concerning the proposed
  • defendants shall deliver to the United States an affidavit as to the fact and manner of its
  • times its prior average monthly charges if the contract is terminated by
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