The deadline for applying for money from these settlements has passed. The settlement funds have been distributed to approved claimants.
The Polyether Polyols class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain prices in the market for Polyether Polyols.
Polyether Polyols means polyether polyols, monomeric or polymeric diphenylmethane diisocyanate (MDI), toluene diisocyanate (TDI), and polyether polyol systems. Polyether Polyols are used in a variety of manufacturing applications.
The Plaintiff alleges that from at least January 1999 to December 2004, the Defendants and senior executive of the corporate defendants participated in illegal and secretive meetings and made arrangements relating to price targets, specific price increases, and market share divisions for Polyether Polyols.
Developments
Settlements
Settlements have been reached with the following defendants, totaling approximately $13.3 million:
- Bayer Inc, Bayer AG, Bayer MaterialScience LLC (formerly known as Bayer Polymers LLC) and Bayer Corporation (collectively “Bayer”) (CDN$2,500,000)
- Lyondell Chemical Company (“Lyondell”) (Up to $35,000 towards Notice)
- Huntsman International LLC (“Huntsman”) (USD$1,700,000)
- BASF Canada Inc. (“BASF Canada”) (CDN$2,000,000)
- BASF Corporation (“BASF Corp") (CDN$2,000,000)
- Dow Chemical Company and Dow Chemical Canada Inc. (collectively “Dow”) (CDN$5,080,000)
The settlements have been approved by the courts.
The deadline for applying for money from these settlements has passed. The settlement funds have been distributed to approved claimants.
Contested Litigation
The Ontario class action has been resolved in its entirety.
In March 2014, the Ontario action was certified against Dow. The class action was certified on behalf of all persons in Canada (excluding defendants and their respective parents, employees, subsidiaries, affiliates, officers and directors) who purchased Polyether Polyol Products between January 1, 1999 and December 31, 2004. Polyether Polyol Products means polyether polyols, monomeric or polymeric diphenylmethane diisocyanate (MDI), toluene diisocyanate (TDI), and polyether polyol systems.
Dow was denied leave to appeal the certification decision.
In light of the certification of a national class in Ontario, the Quebec action was discontinued. Please click here to view a copy of the Quebec Discontinue Order and the Quebec Notice of Discontinuance
Documents
Settlements
- Notice of Claims Process (English) (French)
- Distribution Protocol
- Distribution Approval Order
Settlement Agreements
- Bayer Settlement Agreement
- Lyondell Settlement Agreement
- Huntsman Settlement Agreement
- BASF Canada Inc. Settlement Agreement
- BASF Corporation Settlement Agreement
- Dow Settlement Agreement
Settlement Approval Orders
- Bayer Settlement Approval Order
- Lyondell Settlement Approval Order
- Huntsman Settlement Approval Order
- BASF Settlement Approval Order
- Dow Settlement Approval Order