That defendants be permanently enjoined from carrying out the acquisitions of those assets in the separate purchase agreements dated July 28 and October 7, 1999, or from entering into or carrying out any agreement, understanding or plan, the effect of which would be to exchange those assets between the defendants; 3. /Annots [] 0000001852 00000 n Microsoft Word - 2022-08-24 - Complaint - FINAL /MediaBox [0 0 612 792] 59 0 obj /Parent 9 0 R United States District Court Southern District of Florida /Contents [110 0 R 111 0 R 112 0 R] 11 0 obj /CropBox [0 0 612 792] /Annots [] /Type /Page 22408. Statutes & Constitution :View Statutes : Online Sunshine << The cost advantage of local landfills limits the areas where MSW can be economically transported and disposed of by haulers and creates localized markets for MSW disposal services. /MediaBox [0 0 612 792] << Small Container Commercial Waste Collection Service. /Contents [210 0 R 211 0 R 212 0 R] /Contents [186 0 R 187 0 R 188 0 R] Official websites use .gov 34. endobj /Parent 9 0 R This Court has supplemental jurisdiction over the State of Florida's state claims pursuant to COMPLAINT -3-q;;m: @ii$$1$$ &JIIJAI JKQI !.1 i&%iiM tv . /Resources 237 0 R /Resources 341 0 R 0 "Albany, NY area" means the City of Albany and Albany, Schenectady, Saratoga, and Rensselaer counties, New York. >> %PDF-1.4 % %PDF-1.3 % 39. 8 0 obj /Contents [382 0 R 383 0 R 384 0 R] 0000003135 00000 n /MediaBox [0 0 612 792] /Type /Page 13. << /Parent 9 0 R /Resources 393 0 R 25, to prevent and restrain the violation by defendants of Section 7 of the Clayton Act, 15 U.S.C. /Type /Page /Annots [] /Type /Page 7.) 12102(1)-(2), the regulations implementing the . /Resources 229 0 R /Contents [318 0 R 319 0 R 320 0 R] /CropBox [0 0 612 792] Markets in which the HHI is between 1000 and 1800 points are considered to be moderately concentrated, and those in which the HHI is in excess of 1800 points are considered to be highly concentrated. /CropBox [0 0 612 792] This action arises under Chapter 713 and 720, Florida Statutes, and under the Fair Housing Act of 1968, as amended, 42 U.S.C. /Parent 14 0 R endobj } !1AQa"q2#BR$3br Republic is a Delaware corporation with its principal office in Ft. Lauderdale, Florida. for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. /Pages 4 0 R 1391(c). endobj /Annots [] After the acquisition, Allied would control over 50 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $31 million. /Count 10 /Type /Page /Contents [366 0 R 367 0 R 368 0 R] endobj 0000000556 00000 n endobj 26 0 obj Firms that compete in the disposal of MSW generated in the Anderson, IN or New York City, NY areas can profitably increase their charges for disposal of MSW generated in each area without losing significant sales to more distant disposal sites. startxref "0A149;>>>%.DIC; C /Contents [282 0 R 283 0 R 284 0 R] "Gulf Coast, FL area" means Escambia, Santa Rosa, and Okaloosa counties, Florida. endstream endobj 2333 0 obj<>/W[1 1 1]/Type/XRef/Index[246 2074]>>stream /Parent 14 0 R K.A%aut\@Uaa[pVWnOe /MediaBox [0 0 612 792] Rather, its about dealing with the future, not something that happened in the past. /Parent 13 0 R /Resources 349 0 R >> /Length 3282 0000001187 00000 n 57. Page 3 of 15 7. 55 0 obj In the Augusta, GA area, the acquisition would reduce from three to two the number of significant competitors in the collection of small container commercial waste. /Count 10 /Contents [102 0 R 103 0 R 104 0 R] 4. /MediaBox [0 0 612 792] >> /Rotate 0 /MediaBox [0 0 612 792] 52. ASSOCIATION OF FLORIDA, MIGRANT CLINICIANS NETWORK, PINEROS Y . /MediaBox [0 0 612 792] 12. Allied is located in and transacts business in the District of Columbia, and Republic submits to the personal jurisdiction of the District of Columbia in this proceeding. /Annots [] stream <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> /Resources 201 0 R That plaintiff recover the costs of this action. /Contents [346 0 R 347 0 R 348 0 R] /Contents [226 0 R 227 0 R 228 0 R] endstream endobj startxref 4 0 obj /MediaBox [0 0 612 792] Complaint for Declaratory Relief in Florida - Trellis Plaintiff LEAGUE OF WOMEN VOTERS OF FLORIDA ("LWVF" or the "League") is the Florida affiliate of the League of Women Voters of the United States. /Resources 181 0 R /CropBox [0 0 612 792] << /Parent 4 0 R Transactions that increase the HHI by more than 100 points in highly concentrated markets presumptively raise antitrust concerns under the Horizontal Merger Guidelines issued by the U.S. Department of Justice and the Federal Trade Commission. /Contents [246 0 R 247 0 R 248 0 R] /Annots [] /Length 1411 endobj /Type /Page Federal, state and local safety, environmental, zoning, and permit laws and regulations dictate critical aspects of storage, handling, transportation, processing and disposal of MSW. /CropBox [0 0 612 792] The acquisitions by Allied and Republic would remove a significant competitor in small container commercial waste collection service, roll-off waste collection service, and/or the disposal of MSW, in already highly concentrated and difficult-to-enter markets. /CropBox [0 0 612 792] /Contents [294 0 R 295 0 R 296 0 R] /Annots [] /Kids [45 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R] /Type /Page Z( /Resources 273 0 R /CropBox [0 0 612 792] The Corps' environmental analysis for this project is based on the same assumptions and << >> /Parent 14 0 R 4. have exclusive jurisdiction: (a) In all actions at law cognizable by the county . /MediaBox [0 0 612 792] /Contents [390 0 R 391 0 R 392 0 R] /Type /Page (ECF No. /Type /Page /CropBox [0 0 612 792] /Resources 373 0 R >> A complaint for declaratory relief must allege the following: there is a bona fide dispute between the parties; the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or privilege, or as to some fact upon which existence of such a claim may depend; After the acquisition, Republic would control over 85 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. Plaintiff is a Florida resident, lives in Miami- Dade County, is sui juris, and qualifies of a protected class under the ADA, 42 U.S.C. /Parent 7 0 R "Norfolk, VA area" means the cities of Chesapeake, Suffolk, Virginia Beach, Norfolk, Poquoson, Newport News and Portsmouth, and York, Surry, James City, Southampton, and Isle of Wight counties, Virginia. /Contents [342 0 R 343 0 R 344 0 R] The acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste in the Monmouth County, NJ area. 45 0 obj /Contents [198 0 R 199 0 R 200 0 R] << endobj "Lakeland, FL area" means Polk County, Florida. Does the courts have ability to enforce what you are requesting? /Annots [] /Type /Page ( /Annots [] >> endobj /MediaBox [0 0 612 792] /Annots [] stores and restaurants). Often businesses do not consider the implications for taking this action. /Type /Page >> >> /Annots [] /CropBox [0 0 612 792] %%EOF /Rotate 0 2. After the acquisition, Republic would own two of the three transfer stations, which together would control in excess of 65 percent of the MSW disposal market, which has annual revenues in excess of $3 million. Therefore, you should ask yourself these questions before proceeding: So, you answered the questions above, and you consider this to be the best approach to resolving your matter. In order to obtain comparable operating efficiency, a new firm must achieve route density comparable to existing firms. 89 0 obj "Burlington and Camden Counties, NJ area" means Burlington and Camden counties, New Jersey. /Resources 389 0 R /MediaBox [0 0 612 792] /Type /Page /Resources 397 0 R << PDF IN THE CIRCUIT COURT OF THE - Florida Attorney General The global coronavirus pandemic threatens to disrupt the Presidential /Type /Pages ( >> prices charged by roll-off waste collection firms in the Macon, GA area market will likely increase. The extension ofvote-by-mail options and other accommodations at polling places is necessary. /Parent 11 0 R /Parent 7 0 R << /Parent 7 0 R For a variety of reasons, other types of collection activities, such as roll-off containers (typically used for construction debris) and collection of liquid or hazardous waste, are also rarely combined with commercial waste collection activities. /Parent 14 0 R /Parent 11 0 R endobj /Contents [234 0 R 235 0 R 236 0 R] /Rotate 0 "Nashville, TN area" means the City of Nashville and Davidson, Sumner, Williamson, Rutherford, Wilson, the southeastern part of Robertson, and the eastern part of Cheatham counties, Tennessee. /Resources 305 0 R /Resources 213 0 R /Contents [206 0 R 207 0 R 208 0 R] 75 0 obj /Rotate 0 /Rotate 0 The differences in the types and volume of MSW collected and in the equipment used in collection distinguish small container commercial waste collection from all other types of waste collection activities. /Parent 13 0 R /Resources 269 0 R endobj /MediaBox [0 0 612 792] The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary (PPP) election in Florida, scheduled for tomorrow, March 17, 2020, and cause large-scale voter disenfranchisement falling hardest on communities of color and other historically vulnerable populations. /Resources 257 0 R 51 0 obj endobj endobj /Resources 329 0 R Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. endobj ( Likewise, roll-off customers generate volumes of waste which are too large to be serviced by a FEL truck on a pre-scheduled commercial route. /Annots [] /Count 10 JURISDICTION AND VENUE 1. Filing fees $ 402.00 receipt number AFLSDC-16386893, filed by OMEGA SA.. (Attachments: #1 . 0000001469 00000 n /Type /Page 21 0 obj /Resources 293 0 R >> /Type /Page The county court may issue a temporary and permanent injunction where appropriate for violation of ss. Florida has reported 149 confirmed cases of COVID-19 and four deaths to date, with every expectation that these numbers will rise. /Rotate 0 /Type /Page 52 0 obj /Resources 265 0 R /Contents [334 0 R 335 0 R 336 0 R] endobj 17 0 obj . 43 0 obj endobj After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /Type /Page ;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; PDF Verified Second Amended Complaint for Injunctive and Declaratory Relief Accordingly, injunctive relief ordering the extension of vote-by-mail options and other accommodations at polling places is necessary to protect the fundamental right to vote. ( /Type /Page 28 0 obj /Resources 297 0 R 36 0 obj >> not 43. Less frequently, haulers may use more maneuverable, but less efficient, rear-end loader ("REL") trucks, especially in those areas in which a collection route includes narrow alleyways or streets. endobj /Contents [154 0 R 155 0 R 156 0 R] COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS Plaintiff, Donald F. Walton, United States Trustee for . /MediaBox [0 0 612 792] 24. /Contents [374 0 R 375 0 R 376 0 R] /Type /Page ( << 80 0 obj /CropBox [0 0 612 792] Complaint for Injunctive Relief . /S /D /Parent 14 0 R 32. 49 0 obj ( Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. endobj << Does the temporary injunction preserve the Status Quo or does it make a change? endobj /Contents [202 0 R 203 0 R 204 0 R] << Waste collection firms, or "haulers," collect MSW from residential, commercial and industrial establishments, and transport the waste to a disposal site, such as a transfer station, sanitary landfill or incinerator, for processing and disposal. /Type /Page The next step is careful preparation before the temporary injunction hearing. endobj (2001). If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050. << endobj /MediaBox [0 0 612 792] /Annots [] 87 0 obj >> endobj Alexdex. << 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. /Parent 11 0 R endobj /Type /Page /Kids [15 0 R 16 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R] 5. << /Resources 177 0 R 65. relief pursuant to Chapter 86, Florida Statutes. 0000001373 00000 n The length of the presentation is 46:09. /MediaBox [0 0 612 792] /Creator (PScript5.dll Version 5.2.2) /Rotate 0 "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. /MediaBox [0 0 612 792] The United States Army Corps of Engineers ("Corps" or "Army Corps") has unlawfully approved a massive dredging project for Port Everglades in Fort Lauderdale, Florida. /Annots [] /CropBox [0 0 612 792] Therefore, it should not be a decision made lightly. 46. /Contents [310 0 R 311 0 R 312 0 R] /Resources 117 0 R PDF Complaint for injunction and declaratory relief /Type /Page endobj _l {:\! << /Contents [194 0 R 195 0 R 196 0 R] 14 0 obj ( /Annots [] The significant share of the roll-off collection market which Republic would have, its control of the primary disposal sites in the area, and its frequent use of long-term, automatically renewing contracts with roll-off collection customers, would make entry into the Macon, GA roll-off waste collection market difficult, and unlikely to prevent market incumbents from significantly raising prices for the collection of roll-off waste following the acquisition. competition generally in small container commercial waste collection service in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA area markets will be lessened substantially; actual and potential competition between Allied and Republic in small container commercial waste collection service in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA area markets will be eliminated; prices charged by small container commercial waste collection firms in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA area markets will likely increase; competition generally in disposal of MSW in the Anderson, IN and New York City, NY area markets will be lessened substantially; actual and potential competition between Allied and Republic in disposal of MSW in the Anderson, IN and New York City, NY area markets will be eliminated; prices for disposal of MSW in the Anderson, IN and New York City, NY area markets likely will increase; competition generally in roll-off waste collection service in the Macon, GA area market will be lessened substantially; actual and potential competition between Allied and Republic in roll- off waste collection service in the Macon, GA area market will be eliminated; and. /Resources 317 0 R /Type /Page /Resources 377 0 R Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. /Type /Page /CropBox [0 0 612 792] 50. ( 11. 4. /CropBox [0 0 612 792] /Contents [406 0 R 407 0 R 408 0 R] endobj SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No. >> This is an action for permanent injunctive relief, declaratory relief, and advance, Plaintiffs seek immediate declaratory and injunctive relief that directs Defendants to permit a designated representative of each affected candidate and political party into the recount room, as Florida law requires. /Annots [] /CropBox [0 0 612 792] Allied and Republic directly compete in the disposal of waste in a number of markets nationwide, including the Anderson, IN; New York City, NY; and Macon, Georgia areas. >> 2018 to May 6, 2021. After the acquisition, Allied would control over 55 percent--and two firms over 90 percent--of the small container commercial waste hauling market, which has annual revenues of about $28 million. 8. 30 0 obj <>/Filter/FlateDecode/ID[<3860DCF29749FC4EACF121159FB5FA73><3860DCF29749FC4EACF121159FB5FA73>]/Index[25 7]/Info 24 0 R/Length 36/Prev 968458/Root 26 0 R/Size 32/Type/XRef/W[1 2 0]>>stream endobj /Type /Page In the Anderson, IN and New York City, NY areas, entry by any new MSW disposal facility would be an extremely costly and time-consuming process, and unlikely to prevent market incumbents from significantly raising prices for the disposal of MSW following the acquisition. /Annots [] % << And yet the State of Florida (the State) has failed to take reasonable emergency measures necessary for voter participation in the face of this crisis. /Parent 4 0 R This action is brought to Garcia is a resident of North Lauderdale, Fl orida. /Rotate 0 This is a civil action brought by the United States of America to enjoin defendant . "Memphis, TN area" means Shelby County, Tennessee; Desoto County, Mississippi, and Crittenden County, Arkansas. << 2320 0 obj<> endobj Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. /Annots [] /Type /Page ( The differences in size, type, and volumes of roll-off waste and the equipment used to collect it distinguish roll-off waste collection from all other waste collection services. << << /Resources 281 0 R For a number of reasons, landfills may not be located close to where the waste is generated. /Rotate 0 /MediaBox [0 0 612 792] /Parent 11 0 R 22. There could be a negative impact on the plaintiffs public image. 85 0 obj ( To access the presentation, visit YouTube or click play on the embedded image below. 10. 29 0 obj Republic is engaged in providing waste collection and disposal services throughout the United States. >> The predictable result is the denial of the vote to untold numbers of Floridians who had planned to vote in person on Election Dayincluding those who are elderly or have health conditions and cannot get to the polls without tremendous risk, university students who are no longer present in their county of registration because their dorms have closed, and those who venture out but encounter long lines and confusion at the polls. /CropBox [0 0 612 792] /Annots [] >> CASE NO. endobj A .gov website belongs to an official government organization in the United States. /Rotate 0 /Type /Page >> /Rotate 0 3. /Resources 149 0 R 25. /Kids [35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 43 0 R 44 0 R] 25 0 obj /Type /Page 6. endobj Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? endobj >> - All Rights Reserved, Community Advocacy & Social Responsibility, Traditional Contract Principles Impacting Enforcement of Noncompete Agreements in Florida. Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. 10 0 obj endobj << endobj >> PDF IN THE CIRCUIT COURT OF THE SECOND JUDICIAL - Florida Carry, Inc. /Parent 12 0 R /Resources 409 0 R << /CropBox [0 0 612 792] 48. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. There are immediate expenditures necessary. Complaint for purposes of Florida Statutes Sections 501.207(5) and 95.11(3). Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. /Annots [] /Parent 9 0 R In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. There may be disclosure of confidential information such as trade secrets. 54 0 obj /Annots [] /MediaBox [0 0 612 792] /Type /Pages /CropBox [0 0 612 792] endobj endobj /Contents [146 0 R 147 0 R 148 0 R] endobj /Type /Page Should you request a temporary injunction or push quickly for final permanent injunction. It is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. Injunctive relief is considered an extraordinary remedy in both State and Federal court. 7. This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. /CropBox [0 0 612 792] JURISDICTION AND VENUE 2. On residential routes, the crews generally hand-load the customer's MSW, typically by tossing garbage bags and emptying trash cans into the vehicle's storage section. >> /Annots [] /Resources 361 0 R ( << /Resources 209 0 R 60. /MediaBox [0 0 612 792] /Parent 14 0 R ? /MediaBox [0 0 612 792] #%$""!&+7/&)4)! /CropBox [0 0 612 792] /Type /Page endobj 7402(a) to prevent such conduct. >> /Parent 8 0 R PDF Complaint for Permanent Injunction, Monetary Relief, and Other Relief 2 0 obj Venue is therefore proper in this district under Section 12 of the Clayton Act, 15 U.S.C. PDF Motion for Summary Judgment - Liberty Counsel /CreationDate (D:20220824140929-04'00') PDF COMPLAINT FOR INJUNCTIVE RELIEF AND SANCTIONS PARTIES - The Wall Street /MediaBox [0 0 612 792] JFIF C % Thus, small container commercial waste collection service is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. /Type /Pages /Rotate 0 21-81099-CIV-CANNON/Reinhart . Suitable landfills are difficult and time-consuming to obtain, and sometimes difficult to expand, because of the scarcity of suitable land, local resident opposition, environmental concerns, and government regulation. Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. << /Resources 189 0 R 88 0 obj /Type /Pages 83.40 et seq. Deciding Whether to Sue for Injunction, and What is the Process to /Resources 145 0 R In addition, a FEL or REL vehicle cannot be efficiently driven long distances without collecting significant amounts of MSW, which makes it economically impractical for a small container commercial waste collection firm to serve metropolitan areas from a distant base. endstream 14. /MediaBox [0 0 612 792] >> >> >> /MediaBox [0 0 612 792] /Type /Page /Type /Page /Contents [378 0 R 379 0 R 380 0 R] 0000006259 00000 n PDF Florida Small Claims Rules Annotated 2020 - The Florida Bar /Rotate 0 Is there any vagueness, or is everything extremely clear? >> x+ | /Annots [] /CropBox [0 0 612 792] /Parent 14 0 R >> Significant new entry into small container commercial waste collection service is difficult and time-consuming in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA areas. "Anderson, IN area" means the City of Anderson and Madison County, Indiana. /Rotate 0 In these markets, Allied and Republic each account for a substantial share of MSW disposal capacity. /MediaBox [0 0 612 792] 66 0 obj /Type /Page >> In the Macon, GA area, the proposed acquisitions would result in Republic controlling more than 60 percent of the roll-off waste collection market at the same time it owns the two primary disposal options which any roll-off competitor would most likely use. endobj Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. << 56. /Contents [286 0 R 287 0 R 288 0 R] 67 0 obj "Transfer station" means an intermediate disposal site, often used in more densely populated areas, for the processing and temporary storage of solid waste before transfer, in bulk, to more distant facilities for final disposal. /Rotate 0 /Rotate 0 /Length 10 Obtaining a permit to construct a new disposal facility or to expand an existing one is a costly and time-consuming process, which typically takes many years to conclude. Noncompete Agreements: Protecting Referral Relationships as Legitimate Business Interests, Hiring for Florida Banks and Credit Unions: A Summary of Background Checks and Other Information Required to Comply With Various Regulatory Schemes. >> 60 0 obj /CropBox [0 0 612 792] /Rotate 0 >> /Annots [] /Rotate 0 clearly appears from specific facts shown by affidavit or by verified complaint that immediate or %PDF-1.6 /Parent 4 0 R D. P. et al., . /Contents [122 0 R 123 0 R 124 0 R] Defendant is defined as a "Public Accommodation" within meaning of Title III ( /Parent 8 0 R << ( /Type /Page The HHI takes into account the relative size and distribution of the firms in a market and approaches zero when a market consists of a large number of firms of relatively equal size. However, the incumbents' use of price discrimination and long-term contracts prevents new entrants from winning a large enough base of customers to achieve efficient routes in sufficient time to constrain the post-acquisition firm from significantly raising prices after the transaction.
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