Case Details

Year Initiated/Committed

2003

Year Resolved

2003

Settlement Amount

n/a1

Court

U.S. District Court for the District of Columbia

Docket Number

1:03CV01409

Lead State

NJ

Participating States

NJ

Defendant(s)

Waste Management, Inc.

Case Description

USDOJ and New Jersey challenged the merger of Waste Management, Inc. and Allied Waste Industries, Inc., the nation’s two largest commercial waste hauling and disposal companies, alleging that the transaction would have resulted in higher prices for waste collection or disposal or both in seven metropolitan areas. The companies agreed to a settlement under which they divested commercial waste hauling and disposal assets in these areas. According to the complaint, the transactionwould have substantially lessened competition in commercial waste hauling or disposal services in Pitkin County, Colorado; Garfield County, Colorado; Augusta, Georgia; Myrtle Beach, South Carolina; Morris County, New Jersey; Bergen and Passaic Counties, New Jersey; and Tulsa and Muskogee, Oklahoma. The acquisition would have eliminated a major competitor in each of these areas and resulted in higher prices for consumers. Under the consent decree, Waste Management divested waste collection operations in each of these areas. Waste Management also divested waste disposal operations serving Bergen and Passaic Counties, New Jersey. Waste Management also abandoned its purchase of Allied’s waste collection assets and Porter Landfill in Tulsa, Oklahoma, and must notify USDOJ if it proposes to acquire any disposal assets in the Tulsa and Muskogee area. Waste Management also agreed to alter its existing and future contracts for commercial waste hauling services in Augusta, Georgia and Myrtle Beach, South Carolina to make it easier for consumer to switch to other haulers.