Your Federal Quarterly Tax Payments are due April 15th Get Help Now >>

Allied Waste Industries Inc. and Republic Services Inc. Final Judgment by backgroundnow

VIEWS: 59 PAGES: 22

									2009-11-27

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

__________________________________________ ) ) ) Plaintiff, ) ) v. ) ) ALLIED WASTE INDUSTRIES, INC., and ) REPUBLIC SERVICES, INC., ) ) Defendants. ) __________________________________________) UNITED STATES OF AMERICA,

Civil No. Filed:

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;
SOURCED: WWW.BACKGROUNDNOW.COM Page 1 of 22 www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; and distr butes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters and interested readers. Always keep in mind that indictments, complaints or informations are not evidence of guilt. These are descriptions of accusations made against defendants. Those accused are presumed innocent until guilt beyond a reasonable doubt is proven or until guilt is admitted or plead.

2009-11-27

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 required below can and will be made and that defendants will later raise no claims of hardship or difficulty as grounds for asking the Court to modify any of the divestiture or other injunctive provisions contained below; NOW, THEREFORE, before the taking of any testimony, and without trial or adjudication of any issue of fact or law herein, and upon consent of the parties hereto, it is hereby ORDERED, ADJUDGED, AND DECREED: I. Jurisdiction This Court has jurisdiction over each of the parties hereto and over the subject matter of this action. The Complaint states a claim upon which relief may be granted against defendants under Section 7 of the Clayton Act, as amended, 15 U.S.C. § 18. II. Definitions As used in this Final Judgment: A. “Acquirer” or “Acquirers” means the entity or entities to whom defendants divest

the Relevant Allied Assets or Relevant Republic 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. “Disposal” means the business of disposing of waste into approved disposal sites. 2

SOURCED: WWW.BACKGROUNDNOW.COM Page 2 of 22 www.BackgroundNow.com provides background checks to businesses; publishes fraud, corruption, and other criminal and civil case news; and distr butes case complaints, indictments, plea agreements and other court documents to analysts, bloggers, journalists, reporters and interested readers. Always keep in mind that indictments, complaints or informations are not evidence of guilt. These are descriptions of accusations made against defendants. Those accused are presumed innocent until guilt beyond a reasonable doubt is proven or until guilt is admitted or plead.

2009-11-27

D.

“Hauling” means the collection of waste from customers and the shipment of the

collected waste to disposal sites. Hauling, as used herein, does not include collection of roll-off containers. E. F. “Landfill” means a waste management facility where waste is placed into the land. “MSW” means municipal solid waste, a term of art used to describe solid

putrescible waste generated by households and commercial establishments such as
								
To top