Entities in the United States that purchased liquid forms of membrane or diaphragm grade Caustic Soda directly from one or more of the Defendants (or from any of Defendants’ predecessors, subsidiaries, or affiliates) at any time between October 1, 2015 and December 31, 2018.
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.
Also excluded are purchases of Caustic Soda directly from a Defendant that were made under:
(i) long-term fixed price contracts that predate October 1, 2015
(ii) cost-based contracts (such as cost-plus contracts) with no component of price based on a Caustic Soda index
(iii) contracts that are based on an ECU (electrochemical unit) basis with no component of price based on a Caustic Soda index