Attorney General Moody Takes Action to Protect Businesses in Merger of Waste Collection and Disposal Corporations

TALLAHASSEE, Fla.—Attorney General Ashley Moody is taking action to resolve anticompetitive concerns raised by the proposed multibillion-dollar merger between Waste Management, Inc. and Advanced Disposal Services Inc.—two of the largest providers of waste disposal and collection services in Florida and throughout the United States. Attorney General Moody is joined by the U.S. Department of Justice and four other states in the agreement.

Attorney General Ashley Moody said, “I am proud to join the U.S. Department of Justice and our state partners in taking action to protect Florida businesses in this multibillion-dollar merger that could have left them paying high rates with fewer alternative waste collection options. Through this multi-agency action, we will preserve competition in our state in the waste collection and disposal market.”

The agreement—which resolves an extensive review of the proposed merger—requires Waste Management and Advanced Disposal Services to divest key assets across several Florida markets to GFL Environmental, an environmental services company operating throughout North America. The divestiture preserves competition in Florida, introduces GFL as a new competitor to the state and establishes a foothold for GFL to compete across multiple Florida markets.

U.S. DOJ, along with Florida, Wisconsin, Pennsylvania, Minnesota and Illinois, filed a civil lawsuit in the U.S. District Court for the District of Columbia challenging the proposed transaction. The complaint alleges that the merger would substantially decrease competition in multiple waste collection and disposal markets throughout the U.S., including in several Florida markets. The proposed final judgment, if approved by the court, will resolve the anticompetitive concerns and the lawsuit.

In Florida, under the proposed final judgment once approved, the parties will be required to divest certain commercial hauling routes in five counties: Clay, Citrus, Duval, Marion and St. Johns. Additionally, ADS must divest hauling sites in Duval County and Marion County, along with its transfer station in Marion County.

To view the complaint, click here.

To view the Asset Preservation Stipulation and Order and the Proposed Final Judgment, click here.

Attorney General Moody’s Antitrust Division enforces state and federal antitrust laws through civil investigations and litigation under authority granted to the Attorney General pursuant to Chapter 542, Florida Statutes. The Antitrust Division also seeks to protect competition and consumers in the state by pursuing potential antitrust violations, such as bid-rigging, price fixing and agreements to allocate markets. Chief of Multistate Antitrust Enforcement Liz Brady and Assistant Attorney General Colin Fraser handled the case for the state of Florida.