HISTORY OF WASTE MANAGEMENT INCORPORATED

WASTE MANAGEMENT INC., ANTITRUST CASES

WASTE MANAGEMENT ANTITRUST CIVIL CASE SUMMARY TOTAL ITEMS: 23
TOTAL STATES INVOLVED: 23
TOTAL FINES, PENALTIES AND SETTLEMENT COST: $23,187,000.00

ITEM 1 DATE: 07/03/80 VIOLATION: ANTITRUST CIVIL CASE PLEA: SETTLED DISPOSITION: $750,000.00 SUMMARY: A private individual, Mr. Frank filed a civil case against Chemical Waste Management on July 3, 1980, in the State of Illinois. Mr. Frank alleged that Waste Management took his customers by fixing prices and underbidding. The case was settled in March of 1986 with Waste Management paying $750,000.00 to the plaintiff and the plaintiff retaining portions of Waste Management's hauling business.



ITEM: 2 DATE: 03/31/82 VIOLATION: ANTITRUST CIVIL CASE PLEA: NONE DISPOSITION: DISMISSED SUMMARY: On March 31, 1982, a private individual by the name of Margaret Savage filed a civil antitrust suit complaint against Waste Management of South Carolina, alleging a invalid exclusive franchise. The complaint was dismissed on December 19, 1985, with prejudice, in favor of Waste Management of South Carolina.



ITEM: 3 DATE: 01/01/83 VIOLATION: ANTITRUST CIVIL CASE PLEA: SETTLED DISPOSITION: $525,000.00 SUMMARY In the State of Georgia, Metro Development Corp, filed a class action law suit against B.F.I. et al., which was settled in 1985. The settlement required a payment of $525,000.00 into a settlement fund. This case was listed in the Seattle report.



ITEM: 4 DATE: 12/20/83 VIOLATION: ANTITRUST CIVIL CASE PLEA: SETTLED DISPOSITION: $85,000.00 SUMMARY: In the State of Pennsylvania, Applied Technology, Inc., filed a civil antitrust suit against Chemical Waste Management, et al., on December 20,1983. The law suit alleged that Chemical Waste Management was attempting to monopolize the hazardous waste hauling business in the Northeast. The civil suit was settled in March of 1987 for $85,000.00.



ITEM: 5 DATE: 10/18/84 VIOLATION: ANTITRUST CIVIL CASE PLEA: PENDING DISPOSITION PENDING SUMMARY: In the State of New Jersey, the State filed a civil antitrust law suit on October, 18, 1984, against Arace Brothers, et al. The civil suit alleges that Arace Brothers were involved in customer allocations and price fixing. The case is pending and settlement is expected.



ITEM: 6 DATE: 11/27/85 VIOLATION: ANTITRUST CIVIL CASE PLEA: NONE DISPOSITION: DISMISSED SUMMARY:NONE In the State of Florida, a private individual by the name of Benefield, filed a antitrust civil case against Waste Management, Inc. of Florida, et al. The plaintiff alledged that Waste Management and the County were involved in a conspiracy to prevent him from developing a landfill. The case was dismissed on its merits in favor of Waste Management on October 30, 1986.



ITEM: 7 DATE: 02/28/86 VIOLATION: ANTITRUST CIVIL CASE PLEA: NONE DISPOSITION: SETTLED SUMMARY: In the State of California, Vinci Enterprises, Inc, filed a civil antitrust suit against Oakland Scavenger, a Waste Management subsidiary, on February 28, 1986. The plaintiff alleged that Oakland Scavenger was attempting to monopolize the local trash hauling business. The suit was dismissed after settlement on March 29, 1989.



ITEM: 8 DATE: 03/17/86 VIOLATION: ANTITRUST CIVIL CASE PLEA: SETTLED DISPOSITION: $1,200,000.00 SUMMARY: In the State of Florida, Carefree David Travel Co, filed a class action antitrust civil case on March 17, 1986, against IWS, Waste Management of Florida, et al. The case was settled for $1,200,000.00 in 1988.



ITEM: 9 DATE: 05/15/86 VIOLATION: ANTITRUST CIVIL CASE PLEA: SETTLED DISPOSITION: $51,000.00 SUMMARY: On May 15, 1986, in Sonoma County California, Industrial Carting filed a civil antitrust case against Empire Disposal, a Waste Management subsidiary. Industrial Carting alleged that Empire Disposal was involved in below cost bidding. The case was settled on November 2, 1987, for $51,000.00 without admission of any liability on the part of Waste Management.



ITEM: 10 DATE: 05/22/86 VIOLATION: ANTITRUST CIVIL CASE PLEA: SETTLED DISPOSITION: $350,000.00 SUMMARY: On May 22, 1986, the Attorney General for the State of Ohio, filed a civil antitrust case against Waste Management of North America, and Browning-Ferris Industries, et al. This case was filed prior to any Federal antitrust action. This case was settled for $350,000.00 in damages and attorney's fees.



ITEM: 11 DATE: 07/22/86 VIOLATION: ANTITRUST CIVIL CASE PLEA: NONE DISPOSITION: DISMISSED SUMMARY: On July 7, 1986, a private individual by the name of Robert O'Conner, filed a civil antitrust case against Oakland Scavenger, a Waste Management subsidiary. He alleged in his complaint that Oakland Scavenger used exclusive franchise to improperly obtain a monopoly over recycleable materials. The case was dismissed on June 17, 1989, on the merits in favor of Waste Management.



ITEM: 12 DATE: 09/17/86 VIOLATION: ANTITRUST CIVIL CASE PLEA: SETTLED DISPOSITION: $1,000.00 SUMMARY: On September 17, 1986, in the State of Louisiana, C.C. Sanitation filed a civil antitrust case against Waste Management, Inc., et al. C.C. Sanitation alleged that Waste Management attempted to monopolize the portable sanitation market. The case was settled on January 20, 1989, for a "nuisance value" of $1000.00 and dismissed.



ITEM: 13 DATE: 01/08/87 VIOLATION: ANTITRUST CIVIL CASE PLEA: PENDING PENDING SUMMARY On January 8, 1987, in the State of New York, Scrantom's Book and Stationary Company, filed an antitrust civil case against Bestway Disposal Corpe, a Waste Management subsidiary. The case is still pending.



ITEM: 14 DATE: 03/18/87 VIOLATION: ANTITRUST CIVIL CASE PLEA: SETTLED DISPOSITION: $130,000.00 SUMMARY: On March 18, 1987, in the State of Florida, the Attorney General filed a antitrust civil case against Waste Management, Inc., of Florida. The Attorney General alleged that Waste Management violated the Sherman Antitrust Act, Section 1. The case was settled in January, 1988, with Waste Management paying a fine of $130,000.00.



ITEM: 15 DATE: 03/18/87 VIOLATION: ANTITRUST CIVIL CASE PLEA: SETTLED DISPOSITION: $595,000.00 SUMMARY: In the State of Florida, the Attorney General filed a antitrust civil case against Waste Management, Inc., of Florida, alleging a violation of the Sherman Antitrust Act, Section 1.
This case was also settled in January, 1988, for $595,000.00 in damages and attorney's fees.



ITEM: 16 DATE: 06/12/87 VIOLATION: ANTITRUST CIVIL CASE PLEA: PENDING DISPOSITION: PENDING SUMMARY: On June 12, 1987, in the State of California, Marina Two filed a State court class action against Waste Management of California, alleging violations of the state's antitrust laws. The case is pending at this time.



ITEM: 17 DATE: 06/18/87 VIOLATION: ANTITRUST CIVIL CASE PLEA: SETTLED DISPOSITION: $19,500,000.00 SUMMARY: On June 18, 1987, in the State of Pennsylvania, a private company called Cumberland Farms, filed a class action antitrust law suit against Waste Management, Inc.1 and Browning-Ferris Industries, et al., alleging a nation wide price fixing conspiracy. On October 30, 1990, the suit was settled with Waste Management paying $19.5 million and Browning-Ferris also paying $30.5 million toward a fund.



ITEM: 18 DATE: 06/23/87 VIOLATION: ANTITRUST CIVIL CASE PLEA: PENDING DISPOSITION: PENDING SUMMARY: On June 23, 1987, in the State of California, Airport Century Inn, Ltd., filed a class action law suit in federal court against Waste Management. The suit alleges violations of both state and federal antitrust laws. The suit is still pending.



ITEM: 19 DATE: 07/01/87 VIOLATION: ANTITRUST CIVIL CASE PLEA: PENDING DISPOSITION: PENDING SUMMARY: On July 1, 1987, the L.A. District Attorney filed a civil penalty/injunctive action against Waste Management of California, Inc. This case follows the criminal case and alleges price fixing and customer allocation. The suit is still pending.



ITEM: 20 DATE: 04/14/88 VIOLATION: ANTITRUST CIVIL CASE PLEA: PENDING DISPOSITION: PENDING SUMMARY: On April 14, 1988, in the State of Missouri, a private individual by the name of Cone, filed a antitrust civil case against Waste Management of Missouri, Inc. She is alleging wrongful termination for "Whistle blowing" on company price fixing activities. The case is pending.



ITEM: 21 DATE: 06/29/88 VIOLATION: ANTITRUST CIVIL CASE PLEA: PENDING DISPOSITION: PENDING SUMMARY: On June 29, 1988, in the State of Colorado, a private company by the name of Crabtree, filed a civil antitrust case against the State of Colorado. The plaintiff alleges a conspiracy to violate Minority Business Enterprises preference laws. There are parallel cases pending in both State and Federal courts on this issue. This case was listed in the Seattle report.



ITEM: 22 DATE: 07/05/88 VIOLATION: ANTITRUST CIVIL CASE PLEA: PENDING DISPOSITION: PENDING SUMMARY: On July 5, 1988, in the State of Texas, a private company by the name of Johnson's Disposal, filed a antitrust civil case against Browning-Ferris Industries, et al. The plaintiff alleges violations of both Section 1 and Section 2 of the Sherman Antitrust Act. This case is identified in the Seattle report.



ITEM: 23 DATE: 03/17/89 VIOLATION: ANTITRUST CIVIL CASE PLEA: PENDING DISPOSITION: PENDING SUMMARY On March 17, 1989, in the State of Ohio, a private individual by the name of Yeager, filed a antitrust civil case against Waste Management, Inc. The plaintiff alleges violations of the Sherman Antitrust Act, Section 1. The case is pending



Everywhere I go I find more. Recent violations