caustic soda anitrust (INDirect)





If your company purchased liquid Caustic Soda (membrane or diaphragm form) from someone other than a Defendant (listed below) between October 1, 2015 and December 31, 2019 you may be eligible for a payment from this class action Settlement.



Settlement Amount: $1,975,000



Class Period:



October 1, 2015 and December 31, 2019



Class Members:



State Class: All entities who indirectly purchased from a distributor, and did not resell, liquid forms of membrane or diaphragm grade caustic soda in Arizona, California, Connecticut, Florida, Illinois, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Vermont, West Virginia, Wisconsin, and the District of Columbia manufactured by one or more of The Defendants or their co-conspirators (or any of Defendants’ or their co-conspirators’ parents, predecessors, subsidiaries or affiliates) at any time between October 1, 2015 and December 31, 2019 (Class Period).


Unjust Enrichment Class: All entities who indirectly purchased from a distributor, and did not resell, liquid forms of membrane or diaphragm grade caustic soda in Arizona, Hawaii, Illinois, Iowa, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, New York, Oregon, Rhode Island, South Dakota, Utah, Vermont, West Virginia, and Wisconsin manufactured by one or more of the Defendants or their co- conspirators (or any of Defendants’ or their co-conspirators’ parents, predecessors, Subsidiaries or affiliates) at any time between October 1, 2015 and December 31, 2019 (Class Period).


Excluded from the Settlement Class are Defendants, their predecessors, parents, subsidiaries, and affiliates, and all government entities, agencies, and instrumentalities. For purposes of this exclusion, “predecessors” includes the Dow Chemical Company, whose chlor-alkali business was acquired by Olin Corporation effective October 5, 2015 and Axiall Corporation, which was acquired by Westlake Chemical Corporation effective August 31, 2016.



Defendants:



  • K.A. Steel Chemicals, Inc., a wholly owned subsidiary of Olin Corporation and predecessor Dow (collectively, “Olin”)
  • Occidental Chemical Corporation (also known as “OxyChem”)
  • Westlake Chemical Corporation (“Westlake”)
  • Shintech Incorporated (“Shintech”)
  • Formosa Plastics Corporation U.S.A.(“FPC USA”)


Although not a defendant, Axiall Corporation was acquired by Westlake effective September 1, 2016, which is why Settlement Class Members include companies who purchased Caustic Soda directly from Axiall Corporation.

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Background:



The lawsuit alleges that Defendants: (a) reached an agreement or understanding to raise Caustic Soda prices during the cl class period (b) successfully carried out that agreement through periodic coordinated price increase announcements and other anti-competitive conduct and thereby (c) impacted and caused damages to all or nearly all class members, who paid higher prices for Caustic Soda than they would have paid absent the conspiracy.

Defendants have denied all of these claims, deny any wrong doing, and have asserted various defenses to the claims. The Court has not made any decision as to the merits of the Plaintiffs’ allegations



This is not an official Court Notice. Information contained in this Summary is subject to change.


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