The Hydrogen Peroxide class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain prices in the market for Hydrogen Peroxide from November 1, 1998 to December 31, 2003. The Plaintiffs allege that the Defendants and their senior executives participated in illegal and secretive meetings, and made arrangements relating to price targets, specific price increases, and market share divisions for Hydrogen Peroxide.
Hydrogen Peroxide is a clear colourless inorganic liquid used primarily as a bleach or oxidizer. Hydrogen Peroxide is sold in aqueous solutions, typically 35%, 50% or 70% by weight, in different grades or formulations specifically tailored for enhanced performance in a particular application of the product.
Hydrogen Peroxide is used in a variety of applications, including the pulp and paper industry.
Developments
Settlements
Settlements, which resolve the litigation in its entirety, totaling approximately CDN$23.8 million were reached with the following defendants:
- Solvay Chemicals Inc. and Solvay S.A. (collectively “Solvay”) ($2,700,000)
- Evonik Degussa Corporation formerly Degussa Corporation, Evonik Degussa formerly Degussa A.G. and Evonik Degussa Canada Inc. formerly Degussa Canada Inc. (collectively “Degussa”) ($12,000,000)
- Eka Chemicals, Inc., Eka Chemicals Canada Inc. and AkzoNobel Chemicals International B.V. (collectively “Akzo”) ($2,190,000)
- Kemira OYJ and Kemira Chemicals Canada Inc. (collectively “Kemira) ($3,600,000)
- Atofina Chemicals Inc., Arkema Inc., Arkema Canada Inc., and Arkema S.A. (collectively “Arkema”) ($100,000)
- FMC Corporation and FMC of Canada, Ltd. (collectively “FMC”) ($3,250,000)
These settlements have been approved by the courts in Ontario, British Columbia and Quebec.
The deadline for applying for money from these settlements has passed. The settlement funds have been distributed to approved claimants.
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Who is affected by the Hydrogen Peroxide class action?
You are affected by the class action and are a “member” of the class if you are a person in Canada who between November 1, 1998 and December 31, 2003 purchased hydrogen peroxide directly from a manufacturer of hydrogen peroxide or through a distributor of hydrogen peroxide.
Can I join the class action?
There are no steps required to “join” the class action. Unless you opted-out (excluded yourself from the class action), assuming you fall within the scope of the class definition, you are automatically included in the class action.
What should I do to protect my rights?
To protect your rights, you should:
- Keep records of any purchases of Hydrogen Peroxide between November 1, 1998 and December 1, 2003.
- Register to receive updates on this case by filling out the form below.
I still have a question. Who should I contact?
If you have any other questions, please complete the contact form below.