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1
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COMPLAINT
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EXTRACTED KEY WORDS
CUSTOMERS MARKET WASTE HAULING CONTAINERS SOLID WASTE COMMERCE CONTRACTS BROWNING-FERRIS INDUSTRIES MEMPHIS DUBUQUE MARKET POWER ROLL-OFF VIOLATION SHERMAN ACT INTERSTATE COMMERCE BFIT BFII COURT IOWA BFI ACTIVITIES SUBSTANTIALLY AFFECTING COMPACTORS COMPETITOR EFFICIENT SCALE BARRIERS ENTRANT INCUMBENT MONOPOLIZE |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, ))
Plaintiff, ) Civil Action No.:
)
v. ) Filed: [2/15/96]
)
BROWNING-FERRIS INDUSTRIES OF )
IOWA, INC., )
BROWNING-FERRIS INDUSTRIES OF )
TENNESSEE, INC., and )
BROWNING-FERRIS INDUSTRIES, )
INC., )
)
Defendants. ))
COMPLAINT
(For Violation of Section 2 of the Sherman Act)
The United States of America, acting under the direction of
the Attorney General of the United States, brings this civil
action to obtain equitable and other relief as is appropriate against the
Defendants named herein and complains and alleges as follows:
I.
JURISDICTION AND VENUE
1. This Complaint is filed and this action is instituted by the United
States under Section 4 of the Sherman Act, as amended, 15 U.S.C. § 4, in order
to prevent and restrain the continuing violation by Defendants, as hereinafter
alleged, of Section 2 of the Sherman Act, as amended, 15 U.S.C. § 2. This
Court also has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 and
1337.
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2
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COMPETITIVE IMPACT STATEMENT
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EXTRACTED KEY WORDS
CONTRACTS JUDGEMENT HAULING SERVICE MARKET POWER UNITED STATES CONTAINERIZED HAULING SERVICE PROVISIONS CUSTOMERS MEMPHIS DUBUQUE ENTRY COMPETITION BROWNING-FERRIS INDUSTRIES SOLID WASTE IMPACT STATEMENT COMPLAINT PARAGRAPH ANTITRUST SHERMAN ACT ANTICOMPETITIVE EFFECTS VIOLATIONS LIQUIDATED DAMAGES TENNESSEE ENFORCING APPA RENEWAL TERM MONTHLY CHARGE TERM LONGER EFFICIENT SCALE |
UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, )
)
Plaintiff, )
) Civil Action No.:
v. )) Filed: [2/15/96]
)
BROWNING-FERRIS INDUSTRIES )
OF IOWA, INC., )
BROWNING-FERRIS INDUSTRIES )
OF TENNESSEE, INC., and )
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 proceeding.
I.
NATURE AND PURPOSE OF THE PROCEEDING
On February 15, 1996, the United States filed a civil antitrust
Complaint to prevent and restrain Browning-Ferris Industries, Inc. ("BFI"),
Browning-Ferris Industries of Iowa, Inc. ("BFII"), and Browning-Ferris
Industries of Tennessee, Inc. ("BFIT") from using contracts that have
restrictive and anticompetitive effects on small containerized hauling service
markets in Memphis and Dubuque, in violation of Section 2 of the Sherman Act,
15 U.S.C. § 2. As alleged in the Complaint, Defendants have attempted to
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3
.
FINAL JUDGMENT
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EXTRACTED KEY WORDS
CUSTOMER CONTRACT JUDGEMENT BROWNING-FERRIS INDUSTRIES WASTE HAULING CONTAINER PRIOR MONTHLY CHARGE PLAINTIFF SOLID WASTE COURT DUBUQUE PROVISIONS REQUEST ENTRY PARTY MEMPHIS SERVICE LOCATIONS LIQUIDATED DAMAGES UNITED STATES MARKET DISTRICT CONSENT PARTIES PARAGRAPH STIPULATION PROCEEDING AVERAGE MONTHLY CHARGE COMPLIANCE |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, ))
Plaintiff, ) Civil Action No.:
)
v. ) Filed:
)
BROWNING-FERRIS INDUSTRIES OF )
IOWA, INC., )
BROWNING-FERRIS INDUSTRIES OF )
TENNESSEE, INC., and )
BROWNING-FERRIS INDUSTRIES, )
INC., )))
Defendants. ))
FINAL JUDGMENT
WHEREAS Plaintiff, United States of America, having filed
its Complaint in this action on February 15, 1996, and Plaintiff
and Defendants, 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 or admission by any party with respect
to any issue of fact or law;
NOW, THEREFORE, before any testimony is taken, and without
trial or adjudication of any issue of fact or law, and upon
consent of the parties, it is hereby
ORDERED, ADJUDGED AND DECREED as follows:
I.
JURISDICTION
This Court has jurisdiction of the subject matter of this
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