On March 31, 2021, the United States of America (“United States”) and State of Alabama acting under the direction of their Attorney General, represented by Gabriella Moskowitz, attorney at the U.S. Department of Justice, filed a civil antitrust action against Defendants Republic Services, Inc. (“Republic”) and Santek Waste Services, LLC (“Santek”) seeking to enjoin Republic’s proposed acquisition of Santek. This case was filed in the U.S. District Court for the District of Columbia with Judge Randolph D. Moss presiding.
In its complaint, the United States has alleged that “Republic’s proposed acquisition of its rival, Santek, would combine two of the largest waste management companies in numerous markets across the south-eastern United States. Republic and Santek compete daily to provide essential waste collection and disposal services to keep neighborhoods sanitary. If the transaction proceeds unremedied, customers likely will pay higher prices and receive lower quality waste collection and disposal services.” “Republic’s acquisition of Santek would result in a highly concentrated market in every relevant Small Container Consumer Waste (“SCCW”) collection market and relevant MSW disposal market. Moreover, as a result of the acquisition, the HHI would increase by more than 400 points in each of these markets, suggesting an increased likelihood of significant anticompetitive effects.”
The United States further alleged that “Competition between Republic and Santek has resulted in lower prices and improved service to numerous customers, including towns and cities, restaurants, offices, apartment buildings, and other businesses. In addition, the merger would also substantially lessen competition in waste collection in one geographic market (Chattanooga, Tennessee and North Georgia), as a result of the vertical integration of these firms, both of which enjoy strong positions in collection and disposal. By eliminating competition between Republic and Santek and combining their businesses, the proposed acquisition would result in higher prices, fewer choices, and lower-quality service for waste collection and disposal customers in certain markets in the south eastern United States. Accordingly, Republic’s acquisition of Santek would violate Section 7 of the Clayton Act, 15 U.S.C. § 18, and therefore should be enjoined.”
There are two claims of violation asserted by the United States. The first claim for the alleged violation is that Republic’s proposed acquisition of Santek is likely to substantially lessen competition in each of the relevant markets set forth above in violation of Section 7 of the Clayton Act, 15 U.S.C. § 18. The second claim for the alleged violation is that the acquisition is likely to have an anticompetitive effect of actual and potential competition between Republic and Santek; competition generally will be substantially lessened; and prices will likely increase and quality and the level of service will likely decrease in relevant markets.
In its prayer for relief, the United States has requested the Court adjudge and decree Republic’s acquisition of Santek to be unlawful and in violation of Section 7 of the Clayton Act, 15 U.S.C. § 18; preliminarily and permanently enjoin Defendants and all persons acting on their behalf from consummating the proposed acquisition; award the United States and the State of Alabama the costs for this action and grant any other relief as the Court may deem just and proper.
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1:21-CV-00883
03/31/2021
Pending - Other Pending
Other - Antitrust
Randolph D. Moss
STATE OF ALABAMA
UNITED STATES OF AMERICA
REPUBLIC SERVICES, INC.
SANTEK WASTE SERVICES, LLC
Gabriella Moskowitz
Gregory Vose
Edward B. Schwartz
Gerald A. Stein
Keith M. Rosen
Certificate of Service Certificate of Service
Text of Proposed Order Proposed Final Judgment
Text of Proposed Order Asset Preservation Stipulation and Order
Civil Cover Sheet Civil Cover Sheet
Docket(#12) NOTICE of Santek Environmental Services, LLC's Description and Certification of Written or Oral Communications Concerning the Proposed Final Judgment by SANTEK WASTE SERVICES, LLC (Stein, Gerald) (Entered: 04/15/2021)
[-] Read LessDocket(#11) NOTICE of Appearance by Gregory Vose on behalf of REPUBLIC SERVICES, INC. (Vose, Gregory) (Entered: 04/15/2021)
[-] Read LessDocket(#10) NOTICE of Defendant Republic Services, Inc.s Description and Certification of Written or Oral Communications Concerning the Proposed Final Judgment by REPUBLIC SERVICES, INC. (Schwartz, Edward) (Entered: 04/15/2021)
[-] Read LessDocket(#9) NOTICE of Appearance by Gerald A. Stein on behalf of SANTEK WASTE SERVICES, LLC (Stein, Gerald) (Entered: 04/15/2021)
[-] Read LessDocket(#8) ORDER: It is hereby ORDERED that the parties comply with the attached preservation order. See document for details. Signed by Judge Randolph D. Moss on 04/09/2021. (lcrdm1) (Main Document 8 replaced on 4/14/2021 to add case number to case caption.) (kt) (Entered: 04/09/2021)
[-] Read LessDocket(#7) COMPETITIVE IMPACT STATEMENT by UNITED STATES OF AMERICA. (Attachments: #1 Certificate of Service Certificate of Service)(Moskowitz, Gabriella) (Entered: 04/02/2021)
[-] Read LessDocketMINUTE ORDER: Upon consideration of Defendant's Motion for Admission Pro Hac Vice, Dkt. #5 , it is hereby ORDERED that the motion is GRANTED. Gregory D. Vose is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to to LCvR 83.6(a)/LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 04/01/202 1. (lcnl) (Entered: 04/01/2021)
[-] Read LessDocketMINUTE ORDER: Upon consideration of Defendant's motion to admit Gerald A. Stein pro hac vice, Dkt. #3 , it is hereby ORDERED that the motion is DENIED in part and GRANTED in part. Mr. Stein has submitted that he engages in the practice of law from an office located in the District of Columbia, but he is not admitted to the Bar of this Court. Pursuant to LCvR 83.2(c), "[a]n attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar and the Bar of this Court to file papers in this Court." Therefore, the Court DENIES Mr. Stein leave to file papers pro hac vice in this case, unless and until he gains admission to this Court's Bar. As to Mr. Stein's appearing before the Court, LCvR 83.2(d) gives the Court discretion to grant such motions. Upon consideration of Mr. Stein's declaration in accordance with LCvR 83.2(d), the Court GRANTS Mr. Stein permission to appear in court in this case. Subject to these limitations, Gerald A. Stein is hereby granted leave to appear pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to to LCvR 83.6(a)/LCrR 44.5(a). #Click for Instructions. Signed by Judge Randolph D. Moss on 04/01/2021. (lcrdm1) (Entered: 04/01/2021)
[-] Read LessDocket(#6) STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 04/01/2021. (lcrdm1) (Entered: 04/01/2021)
[-] Read LessDocket(#5) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gregory D. Vose, Filing fee $ 100, receipt number ADCDC-8346152. Fee Status: Fee Paid. by REPUBLIC SERVICES, INC.. (Attachments: #1 Declaration of Gregory D. Vose, #2 Text of Proposed Order)(Schwartz, Edward) (Entered: 04/01/2021)
[-] Read LessDocket(#4) NOTICE of Appearance by Edward B. Schwartz on behalf of REPUBLIC SERVICES, INC. (Schwartz, Edward) (Entered: 04/01/2021)
[-] Read LessDocket(#3) Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gerald A. Stein, Filing fee $ 100, receipt number ADCDC-8344771. Fee Status: Fee Paid. by SANTEK WASTE SERVICES, LLC. (Attachments: #1 Declaration of Gerald A. Stein in Support of Motion, #2 Text of Proposed Order)(Rosen, Keith) (Entered: 04/01/2021)
[-] Read LessDocketSUMMONS Not Issued as to REPUBLIC SERVICES, INC., SANTEK WASTE SERVICES, LLC (adh, ) (Entered: 04/01/2021)
[-] Read LessDocketCase Assigned to Judge Randolph D. Moss. (adh, ) (Entered: 04/01/2021)
[-] Read LessDocket(#2) NOTICE OF TUNNEY ACT REQUIREMENTS by UNITED STATES OF AMERICA (Attachments: #1 Text of Proposed Order Asset Preservation Stipulation and Order, #2 Text of Proposed Order Proposed Final Judgment, #3 Certificate of Service Certificate of Service)(Moskowitz, Gabriella) (Entered: 03/31/2021)
[-] Read LessDocket(#1) COMPLAINT against All Defendants (Fee Status:Filing Fee Waived) filed by UNITED STATES OF AMERICA. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Moskowitz, Gabriella) (Entered: 03/31/2021)
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