On January 27, 2012 the United States District Court for the Eastern District of New York rendered a decision which granted our motion on behalf of the Plaintiffs in the case, three small Long Island businesses, to certify the case as a class action.  The case seeks money damages and injunctive relief against the Defendants for their alleged attempt to monopolize the relevant market on Long Island for small containerized waste hauling and disposal services in violation of Section 2 of the Sherman Act, 15 U.S.C.  §2.  Plaintiffs contend that Defendants, through their use and enforcement of certain anticompetitive and exclusionary waste hauling contracts, have improperly attempted to obtain monopoly power in the relevant market on Long Island.

The Court certified a damages seeking class under Federal Rule 23(b)(3) in addition to an injunction seeking class under Federal Rule 23(b)(2).  The Court also denied the Defendants' motion to exclude the report of Plaintiffs' expert.