Case Description
In the late 1990s Stericycle an BFI Waste Systems were the two larges medical waste collection and disposal companies in the Intermountain West. Both companies had parallel operations in Utah, Colorado and Arizona and competed against each other in those markets. BFI was the dominant player in Utah and Arizona and Stericycle dominated the Colorado market both in waste collection and operation of an incinerator and two autoclaves in Henderson, Colorado. According to the State’s complaint, in 1997, BFI and Stericycle agreed to divide existing customers, future customers, vehicles, equipment and employees between them. BFI transferred all of its customers from Arizona to Stericycle, and for its part, Stericycle transferred all its customers in Utah and Colorado to BFI. According to the complaint, Stericycle and BFI were able to raise prices and restrain trade through control of incineration services and access to each other’s customer information. The state brought an action in 2003. Without admitting or denyging any liability, Stericycle and BFI consented to an injunction. agreed to a combined settledment of $830,000 ($100,000 to public entities from BFI, $150,000 in fees and costs from BFI, $580,000 civil penalty from Stericycle); and agreed to modify their business practices.