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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

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 Polyether Polyols class action?

You are affected by the class action and are a “member” of the class if you are a person in Canada who purchased Polyether Polyol Products between January 1999 and December 2004. Polyether Polyol Products means polyether polyols, monomeric or polymeric diphenylmethane diisocyanate (MDI), toluene diisocyanate (TDI), and polyether polyol systems.

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:

  1. Keep records of any purchases between January 1999 and December 2004 of polyether polyols, monomeric or polymeric diphenylmethane diisocyanate (MDI), toluene diisocyanate (TDI), or polyether polyol systems.
  2. Click here for information about the settlements and the process for applying to receive settlement funds

I still have a question. Who should I contact?

If you have a question, please contact the claims administrator toll free at -1-866-674-1760 or by email [email protected].

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

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 Polyether Polyols class action?

You are affected by the class action and are a “member” of the class if you are a person in Canada who purchased Polyether Polyol Products between January 1999 and December 2004. Polyether Polyol Products means polyether polyols, monomeric or polymeric diphenylmethane diisocyanate (MDI), toluene diisocyanate (TDI), and polyether polyol systems.

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:

  1. Keep records of any purchases between January 1999 and December 2004 of polyether polyols, monomeric or polymeric diphenylmethane diisocyanate (MDI), toluene diisocyanate (TDI), or polyether polyol systems.
  2. Click here for information about the settlements and the process for applying to receive settlement funds

I still have a question. Who should I contact?

If you have a question, please contact the claims administrator toll free at -1-866-674-1760 or by email [email protected].