Urethane Antitrust Litigation (Polyether Polyol Cases)
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Welcome to the Urethane Antitrust Litigation (Polyether Polyol Cases) website.

Last updated: December 20, 2011

On July 29, 2008, the United States District Court for the District of Kansas issued an Order certifying this lawsuit as a Class Action. If you are a member of the Class, your rights are affected by that Order and you may be entitled to receive benefits under a proposed class action settlement.

What Is This Litigation About and What Is Its Status?

The plaintiffs – Seegott Holdings, Inc.; Industrial Polymers, Inc.; and Quabaug Corporation – filed a class action lawsuit against major manufacturers of Polyether Polyol Products (as defined below in “Who is Part of the Class?”), alleging that the defendant manufacturers unlawfully agreed to fix, raise, maintain, or stabilize the prices of, and allocate the customers and markets for, Polyether Polyol Products sold in the United States and its territories during the period January 1, 1999 through December 31, 2004, in violation of the federal antitrust laws.

The defendant-manufacturers are: Bayer AG, Bayer MaterialScience LLC (f/k/a Bayer Polymers LLC), and Bayer Corporation (collectively, "Bayer"); BASF SE (f/k/a BASF AG) and BASF Corporation (collectively, “BASF”); The Dow Chemical Company (“Dow”); Huntsman International LLC (“Huntsman”); and Lyondell Chemical Company (“Lyondell”).

Bayer agreed to settle the lawsuit in 2006, but denies any wrongdoing. On August 30, 2006, the United States District Court for the District of Kansas (“District Court”) granted final approval to the Bayer settlement. In January and September of 2011, the settlement administrator distributed payments to members of the Class who submitted qualified claims to participate in the Bayer settlement.

In 2011, Huntsman, Lyondell and BASF agreed to settle as well; all deny any wrongdoing. The District Court has granted final approval to all three settlements, as well as to the plan for allocating and distributing the settlement proceeds to Class Members, and to Plaintiffs’ Counsels’ petition for attorneys’ fees and reimbursement of expenses. For more information about these settlements -- including copies of the settlement agreements, the court orders approving the settlements, the plan of allocation, and important deadlines -- please see the settlement website: www.polyetherpolyolsettlement.com.

The class action lawsuit will continue against Dow, who has not settled with the plaintiffs.

Who is Part of the Class?

The District Court’s July 29, 2008 order (available for download or viewing on the left side of this page) certified this lawsuit as a class action for the following Class: 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, 2004 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 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).

The deadline for requesting exclusion from the Class has expired. Therefore, if you fall within the Class definition and did not exclude yourself, you will be entitled to your share of any money or other benefits awarded to the Class (net of attorneys fees and expenses that the Court determines are payable from the recovery), either through settlement(s) with Defendants or through a judgment in the lawsuit. You will not be personally responsible for attorneys’ fees or costs unless you hire your own individual attorney. Any fees or costs for Class Counsel have and will continue to come from any recovery for the Class as approved by the Court. All decisions and judgments the Court renders in this lawsuit bind all Class members under Fed. R. Civ. P. 23(c)(3). Class members may retain individual counsel at their own expense and enter individual appearances in the litigation but are not required to do so.

How Do I Get Further Information?

Much important information is available on the settlement website (www.polyetherpolyolsettlement.com) and in the documents available on the left side of this website. You can also obtain information by contacting the Settlement Administrator through the address below or by clicking on “Contact Information” on the left.

Urethane Antitrust Litigation
Polyether Polyol Cases
c/o Complete Claim Solutions, LLC
P.O. Box 24628
West Palm Beach, FL 33416

Please do not direct inquiries to the Defendants, the Court, or the Clerk’s office.