Case Details

Year Initiated/Committed


Year Resolved


Settlement Amount



Court of Common Pleas of Ohio, Richmond County

Docket Number


Lead State


Participating States



Allied Waste Industries, Superior Services Inc.

Case Description

According to the complaint, the differences in the types and volume of waste collected and in equipment used in their collection activities distinguish commercial waste collection from all other types of waste collection activities. Therefore, the complaint alleges a relevant market of commercial waste collection in Richland and Ashland counties. The proposed acquisition of Superior by Allied would reduce from two to one the number of significant firms that compete in this market. After the acquisition, Allied would control over 80 percent of total market revenues with a post merger HHI over 7300, with an increase of over 3000 points. No new entry is likely. Pursuant to a Consent Judgment filed with the complaint, Allied must divest, within 120 days, Superior’s Mansfield transfer station and Superior’s four small container commercial routes in the Mansfield area. to a purchaser acceptable to the State of Ohio Allied may not interfere with any negotiations by any purchaser to employ any Allied (or former Superior) employee, and must warrant to each purchaser that the asset will be operational on the date of sale. Allied must also warrant that it will not undertake any challenges to the environmental, zoning, or other permits or applications for permits or licenses pertaining to the operation of the asset. The purchaser must have the managerial, operational and financial capability and intent to compete effectively and must demonstrate to the satisfaction of the State of Ohio that it will comply with any and all applicable federal, state and local environmental and licensing laws. The purchaser must agree to operate the assets for at least three years. If Allied failed to make the required divestitures, a trustee will be appointed to do so. Allied also was required to provide the state with 30 days notice of future acquisitions