Eligible Class Members For Urethane Antitrust Litigation Class Action (Polyether Polyol Settlements):
All persons and entities who purchased Polyether Polyol Products (defined below) directly from a defendant at any time from January 1, 1999 through December 31, 2003 in the United States and its territories (excluding all governmental entities, any defendants, their employees, and their respective parents, subsidiaries and affiliates).
Polyether Polyol Products in Urethane Antitrust Settlements:
Polyether Polyol Products are: propylene oxide‐based polyether polyols; monomeric or polymeric diphenylmethane diisocyanates (MMDI or PMDI – collectively, MDI); toluene diisocyanates (TDI); MDI‐TDI blends; or propylene oxide‐based polyether polyol systems (except those that also contain polyester polyols).
Urethane Antitrust Litigation Settlement (Polyether Polyol Cases) Defendants:
The Defendants are:
- BAYER AG, BAYER CORPORATION, and BAYER MATERIALSCIENCE LLC (f/k/a Bayer Polymers LLC);
- BASF CORPORATION and BASF SE (f/k/a BASF AG);
- THE DOW CHEMICAL COMPANY;
- HUNTSMAN INTERNATIONAL LLC; and
- LYONDELL CHEMICAL COMPANY.
Urethane Antitrust Litigation Settlement (Polyether Polyol Settlements) Case History:
In November 2004, Plaintiffs Seegott Holdings, Inc., Industrial Polymers, Inc. and Quabaug Corporation filed suit against
Defendants Bayer AG, Bayer Corporation, Bayer MaterialScience AG, and Bayer MaterialScience LLC (collectively, the “Bayer Defendants”), BASF SE and BASF Corporation (collectively, the “BASF Defendants”), The Dow Chemical Company (“Dow”), Huntsman International LLC (“Huntsman”), and Lyondell Chemical Company (“Lyondell”). Plaintiffs had alleged in their Complaint that Defendants unlawfully agreed to fix, raise, maintain or stabilize the prices of Polyether Polyol Products (as defined below) sold in the United States and its territories during the period from January 1, 1999 through December 31, 2004 in violation of the federal antitrust laws. POLYETHER POLYOL PRODUCTS are defined to mean: (1) propylene oxide-based polyether polyols; (2) monomeric or polymeric diphenylmethane diisocyanates (MMDI or PMDI – collectively, “MDI”); (3) toluene diisocyanates (“TDI”); (4) MDI-TDI blends or (5) propylene oxide-based polyether polyol systems (except those that also contain polyester polyols). Plaintiffs allege that, as a result of such violations of the antitrust laws, they and other members of the Class paid more for Polyether Polyol Products than they would have paid absent such wrongful conduct.
Plaintiffs and the Class reached negotiated settlements of the claims against the Bayer Defendants, the BASF Defendants, Huntsman and Lyondell. These settlements have been approved by the Court and are now final. Notice was previously provided about those settlements.
Plaintiffs tried their antitrust claims against Dow to a jury, the Honorable John W. Lungstrum presiding, in January and February, 2013. At the conclusion of the trial, the jury rendered a verdict in favor of Class Plaintiffs. On May 15, 2013, the Court entered its Memorandum and Order denying Dow’s post-trial motions and modifying the time period of the Class to conform to the evidence developed during discovery and presented at trial. The Court also has entered Final Judgment against Dow and in favor of the plaintiff Class in the amount of $1,060,847,117.00 for purchases between November 24, 2000 and December 31, 2003.
Dow pursued an appeal of the jury verdict and judgment rendered against it. On February 26, 2016, Dow Chemical Co. agreed to pay $835 million to settle the claims against it in this case.
Our Class Action Settlement Services:
Our class action settlement services include:
- Identifying class action claims where businesses may be eligible to file
- Filing the class action claim with supporting documentation
- Interacting with the class action Claims Administrator
- Providing updates on class action claim settlements status
- Resolving Claims Administrator questions on claims
- Reviewing the recovery to assure the correct compensation claims amount has been received
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