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1
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HOLD SEPARATE ORDER
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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,
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2
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PROPOSED FINAL JUDGMENT
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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;
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3
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US COMPLIANCE WITH ANTITRUST PROCEDURES AND PENALTIES ACT
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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
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4
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COMPLAINT
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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
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