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



Keywords & Phrases
CaseNo: UVAWIASS263043, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: US, State: DC Washington D.C., UniqueCaseRef: LCD>UVAWIASS263043, Assets, Waste, United States, Judgement, Superior, Divestitures, Leeper, Landfill, Acquisition, Hauling Assets, Mansfield, Leeper Area, Msw, Competition, Milwaukee, Commercial Waste Collection, Provisions, Trustee, Relevant Milwaukee Assets, Relevant Mansfield Assets, Entry, Relevant Milwaukee, Relevant Mansfield, Container Commercial Waste, Agreements, Separate Stipulation, Pennsylvania, Party, Purpose, Complaint, Purchaser, Container, Transactions, Accomplish, States District Court , ContentID: 120245946

Case Documents
1   HOLD SEPARATE ORDER
[ see first page and extracted highlights below  ] ItemID: 112862
9 pages
PDF
2 2000-05-12 PROPOSED FINAL JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 112863
17 pages
PDF
3 2000-05 US COMPLIANCE WITH ANTITRUST PROCEDURES AND PENALTIES ACT
[ see first page and extracted highlights below  ] ItemID: 112864
3 pages
PDF
4 1999-08-04 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 112861
14 pages
PDF
Total Documents: 4 documents , 43 pages
Price: $ 34.95


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1 . HOLD SEPARATE ORDER

EXTRACTED KEY WORDS
RELEVANT MILWAUKEE
RELEVANT MANSFIELD
DEFENDANTS
SEPARATE STIPULATION
JUDGEMENT
COURT
UNITED STATES
MANAGEMENT
SUPERIOR
DIVESTITURES
ROUTES
TRANSFER STATION
BUSINESS
SALES
ENTRY
CONTAINER
PARTIES
CAPITAL EQUIPMENT
RIGHTS
COMPETITORS
ACCOUNTS
HAULING
CUSTOMER LISTS
CONTRACTS
LEASEHOLD
TITLES
PURCHASE
PROVISIONS
MARKETING
                              UNITED STATES DISTRICT COURT
                             FOR THE DISTRICT OF COLUMBIA

__________________________________________)
UNITED STATES OF AMERICA,                                )
                                                         )
                        Plaintiff,                       ))
                v.                                       ))
ALLIED WASTE INDUSTRIES, INC., and                       )
SUPERIOR 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.      "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.

        B.      "Superior" means defendant Superior Services, Inc., a Wisconsin corporation with

its headquarters in Milwaukee, Wisconsin, 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.        "Relevant Milwaukee Assets" means:

                (1) Allied's two front-end loader and three rear-end loader small container
                commercial routes 6, 14, 21, 89, and 95 and recycling routes 73, 75, 705 and 708
                that serve Milwaukee and the eastern half of Waukesha (east of route 83) counties,
SNIPPETS:
  • It is hereby stipulated and agreed by and between the undersigned parties,
  • As used in this Hold Separate Stipulation and Order:
  • "Superior" means defendant Superior Services, Inc., a Wisconsin corporation with
  • commercial routes 6, 14, 21, 89, and 95 and recycling routes 73, 75, 705 and 708
  • College Court, Muskego, WI 53150.
  • Relevant Milwaukee Assets includes, with respect to each of Allied's small container routes
  • above, all tangible assets (including capital equipment, trucks and other vehicles,
  • and all intangible assets (including hauling-related customer lists,
  • contracts, leasehold interests, and accounts related to each such route).
  • Assets also includes, with respect to the BFI Town & Country Transfer Station described above,
  • all of Allied's rights, titles and interests in any tangible assets (including all fee and
  • Relevant Mansfield Assets includes, with respect to each of Superior's small container routes
  • customer lists, contracts, and accounts, or options to purchase any adjoining property.
  • The Final Judgment filed in this case is meant to ensure defendants' prompt
  • establishing viable competitors in the waste disposal business or the commercial waste hauling
  • business, or both, to remedy the effects that the United States alleges would otherwise
  • COMPLIANCE WITH AND ENTRY OF FINAL JUDGMENT
  • Defendants shall abide by and comply with the provisions of the proposed Final
  • F. Defendants represent that the divestitures ordered in the proposed Final Judgment
  • and Relevant Mansfield Assets as independent competitive businesses, with management, sales
  • Superior shall not coordinate the marketing of, or negotiation of sales
  • marketing of, or negotiation of sales by, any Relevant Mansfield Asset with its other

  • 2 . PROPOSED FINAL JUDGMENT

    EXTRACTED KEY WORDS
    DEFENDANTS
    JUDGEMENT
    UNITED STATES
    DIVESTITURES
    WASTE
    COURT
    SUPERIOR
    TRUSTEE
    RELEVANT MILWAUKEE ASSETS
    PROVISIONS
    RELEVANT MANSFIELD ASSETS
    ATTORNEY
    PARTY
    PURPOSE
    COMPLAINT
    ENTRY
    PURCHASER
    ACCOMPLISH
    CONTAINER
    HAULING BUSINESS
    LEEPER AREA
    ANTITRUST DIVISION
    DISPOSAL SITES
    SOLE DISCRETION
    PLAINTIFF
    ADJUDICATION
    NOTIFICATION
    WRITTEN REQUEST
    AFFIDAVIT
    
                                    UNITED STATES DISTRICT COURT
                                    FOR THE DISTRICT OF COLUMBIA
    
    __________________________________________)
    UNITED STATES OF AMERICA,                              )
                                                           )
                            Plaintiff,                     ))
                    v.                                     ))
    ALLIED WASTE INDUSTRIES, INC., and                     )
    SUPERIOR SERVICES, INC.,                               ))
                            Defendants.                    )
    __________________________________________)
    
    
    
                                            FINAL JUDGMENT
    
            WHEREAS, plaintiff, the United States of America, having filed its Complaint in this
    
    action on May 12, 2000, and plaintiff and defendants, Allied Waste Services, Inc. ("Allied") and
    
    Superior Services, Inc. ("Superior"), by their respective attorneys, having consented to the entry
    
    of this Final Judgment without trial or adjudication of any issue of fact or law, 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 certain relevant assets to assure that competition is not substantially lessened;
    
    
    
              AND WHEREAS, defendants Allied and Superior shall make certain divestitures for the
    
    purpose of establishing one or more viable competitors in the commercial waste hauling business,
    
    in the specified areas of Milwaukee, Wisconsin and Mansfield, Ohio; and
    
              AND WHEREAS, defendant Superior shall be enjoined from acquiring the County
    
    Environmental Landfill in Leeper, Pennsylvania except as provided in this Final Judgment;
    
    
    SNIPPETS:
  • WHEREAS, plaintiff, the United States of America, having filed its Complaint in this
  • Superior Services, Inc., by their respective attorneys, having consented to the entry
  • Final Judgment constituting any evidence against or an admission by any party with respect to
  • defendants have agreed to be bound by the provisions of this Final
  • Judgment pending its approval by the Court;
  • defendants Allied and Superior shall make certain divestitures for the
  • purpose of establishing one or more viable competitors in the commercial waste hauling
  • adjudication of any issue of fact or law herein, and upon consent of the parties hereto, it
  • "Relevant Milwaukee Assets" means:
  • Relevant Milwaukee Assets includes, with respect to each of Allied's small container routes
  • Relevant Mansfield Assets includes, with respect to each of Superior's small container routes
  • purchaser, real property and improvements to real property.
  • G. "Disposal" means the business of disposing of waste into approved disposal sites.
  • ongoing business, to a single purchaser acceptable to the United States, in its sole
  • Defendants shall use their best efforts to accomplish the divestitures ordered by
  • or attorney work-product privilege.
  • Order, works at, or whose primary responsibility concerns, any disposal or hauling business
  • Section IV, or by trustee appointed pursuant to Section VI of this Final Judgment, shall
  • If a new landfill opens in the Leeper area which accepts MSW,
  • Antitrust Division of any such plan.
  • when Superior files a premerger notification pursuant to the Hart Scott-Rodino Antitrust
  • make additional recommendations consistent with the purpose of the trust.
  • IV or VI of this Final Judgment, defendants shall deliver to the United States an affidavit
  • upon written request of the Attorney General or of the Assistant Attorney General in charge

  • 3 . US COMPLIANCE WITH ANTITRUST PROCEDURES AND PENALTIES ACT

    EXTRACTED KEY WORDS
    UNITED STATES
    ANTITRUST PROCEDURES
    COURT
    PENALTIES ACT
    APPA
    DEFENDANT
    WASHINGTON
    FOLEY
    LARDNER
    EXPLANATION
    SEPARATE STIPULATION
    COMPLIANCE
    COMPETITIVE IMPACT STATEMENT
    FEDERAL REGISTER
    ENTRY
    RESPONSES
    COUNSEL
    DAVID
    BICKEL
    HEREBY CERTIFY
    FOREGOING EXPLANATION
    HANDDELIVERY
    MAILING
    PLEADING FIRST-CLASS
    POSTAGE PREPAID
    DEFENDANT ALLIED WASTE
    ALLIED WASTE INDUSTRIES
    TOM
    SMITH JONES
    
                                  UNITED STATES DISTRICT COURT
                                 FOR THE DISTRICT OF COLUMBIA
    
    __________________________________________)
    UNITED STATES OF AMERICA,                              )
                                                           )
                            Plaintiff,                     ))
                    v.                                     ))
    ALLIED WASTE INDUSTRIES, INC., and                     )
    SUPERIOR SERVICES, INC.,                               ))
                            Defendants.                    )
    __________________________________________)
    
    
    
               EXPLANATION OF ANTITRUST PROCEDURES AND PENALTIES ACT
    
             The United States submits this short memorandum summarizing the procedures prescribed
    
    by the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h) ("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 soon will file a Competitive Impact Statement relating to the
    
    proposed Final 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 sixty
    
    days prior to entry of the proposed Final Judgment.  The notices will inform members of the
    
    
    
    public that they may submit comments about the proposed Final Judgment to the United States
    
    Department of Justice, Antitrust Division. 15 U.S.C. § 16(b)-(c).
    
              4.       During the sixty-day period, the United States will consider, and at the close
    
    
    SNIPPETS:
  • EXPLANATION OF ANTITRUST PROCEDURES AND PENALTIES ACT
  • The United States submits this short memorandum summarizing the procedures prescribed
  • 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
  • The United States soon will file a Competitive Impact Statement relating to the
  • 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
  • days prior to entry of the proposed Final Judgment.
  • Court the comments and its responses, see 15 U.S.C. §16, and it may ask the Court to enter
  • I, David R. Bickel, hereby certify that on May 12, 2000, I caused a copy of the foregoing
  • Counsel for Defendant Allied Waste Industries, Inc. Tom D. Smith Jones, Day, Reavis & Pogue
  • Washington, DC 20001-2113
  • Foley & Lardner

  • 4 . COMPLAINT

    EXTRACTED KEY WORDS
    LEEPER
    LANDFILL
    SUPERIOR
    ACQUISITION
    HAULING ASSETS
    MANSFIELD
    MSW
    COMPETITION
    MILWAUKEE
    LEEPER AREA
    COMMERCIAL WASTE COLLECTION
    UNITED STATES
    DEFENDANTS
    CONTAINER COMMERCIAL WASTE
    AGREEMENTS
    PENNSYLVANIA
    TRANSACTIONS
    STATES DISTRICT COURT
    CIVIL ANTITRUST ACTION
    SEPARATE ASSET PURCHASE
    TRANSPORTING
    CLAYTON ACT
    COMMERCIAL ACCOUNTS
    HHI
    DISPOSAL SITE
    TRANSFER STATIONS
    WASTE-HAULING
    PLAINTIFF COMPLAINS
    STOCK TRANSFER AGREEMENTS
    
                                 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                                              )
                                                                      )
                                   Plaintiff,                         )
                                                                      )
                        v.                                            )
                                                                      )
    ALLIED WASTE INDUSTRIES, INC.                                     )
    15880 Greenway-Hayden Loop, Suite 100                             )
    Scottsdale, Arizona 85260                                         )
                                                                      )
    SUPERIOR SERVICES, INC.                                           )
    One Honey Creek Corporate Center                                  )
    125 South 84  Street, Suite 200
                  th                                                  )
    Milwaukee, Wisconsin 53214,                                       )
                                                                      )
                                                                      )
                                                                      )
                                   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 Superior Services,
    
    Inc. ("Superior") and to obtain equitable and other relief as is appropriate.  Plaintiff complains
    
    alleges as follows:
    
    
    
           1.     On August 4, 1999, Allied and Superior entered into nine separate asset purchase
    
    and stock transfer agreements in which they agreed to exchange certain waste-hauling and
    
    
    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 Superior Services,
  • On August 4, 1999, Allied and Superior entered into nine separate asset purchase
  • Three of those nine transactions would lessen competition substantially in waste
  • Superior's acquisition of hauling assets in Milwaukee,
  • Wisconsin; Allied's acquisition of hauling assets in Mansfield,
  • acquisition of the County Environmental Landfill in Leeper, Pennsylvania.
  • Clayton Act, 15 U.S.C. § 18.
  • "MSW" means municipal solid waste, a term of art used to describe solid putrescible
  • container with one to ten cubic yards of storage capacity), and transporting or "hauling" such
  • "Transfer station" means an intermediate disposal site,
  • "Leeper area" means the City of Leeper and Clarion, Elk, Forest, and Jefferson
  • On August 4, 1999, in nine separate purchase agreements, defendants agreed to
  • Road Landfill in Richland County, Ohio; the Oakland Marsh Landfill in Uniontown,
  • Small Container Commercial Waste Collection Service
  • contract directly with customers for the collection of waste generated by commercial accounts.
  • MSW is generally transported by collection trucks to landfills and transfer stations,
  • The postmerger HHI would be approximately 7300, with an increase of well over 3000 points, in
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