This case was brought as a class action by the New York Attorney General?s office in their parens patriae capacity on behalf of all New York residents who had purchased garbage collection services in Nassau and Suffolk County. The defendant waste management companies organized and enforced a customer allocation agreement in Nassau and Suffolk Counties. Garbage collectors did not compete for one another?s customers and would refuse to service customers who had previously been with another service. The customer seeking service would be flatly refused or quoted prohibitively high prices. Defendant companies bought and sold collection routes, and particular customers. Those customers included governmental entities. Non-cooperating waste management companies would be strong armed out of business or into paying for their customer routes. Defendant companies engaged in price fixing and bid rigging in furtherance of their scheme to eliminate competition in the industry. Salem Sanitary Carting Corp. and Salvatore Avellino, Jr. entered into a consent decree in early 1992. The consent decree included damages and an injunction. It also required the settling defendants to furnish the Attorney General’s Office with copies of all future contracts they entered into. The defendants were required to publish the consent decree in a local newspaper and provide copies to an extensive list of persons. For five years following the consent decree the Attorney General?s Office had the right to inspect and copy business records relating to the waste industry or any provisions of the consent decree and order and to interview employees.
In 1989, the Department of Justice, United States Attorney?s Office for the Eastern District of New York brought a further action against some of the defendants. In that case, defendant Anthony Corallo entered into a consent judgement and decree whereby he was permanently enjoined from any involvement in the waste management industry or related unions. The defendant was also enjoined from associating with any other defendant or with members or associates of organized crime. See U.S. v. Private Sanitation Industry Association of Nassau/Suffolk, Inc., CV-89-1848 (E.D.N.Y.)