Urethanes (Polyether Polyols)Practice Area: Antitrust
Cohen Milstein serves as co-lead counsel on behalf of a class of direct purchasers of several types of chemicals used to manufacture polyurethanes that were overcharged as a result of a nationwide price-fixing and market allocation conspiracy that occurred from 1999 through 2004. Four of the five defendants have settled - Bayer has settled for $55.3 million, BASF settled for $51 million, Huntsman International LLC agreed to pay $33 million to settle claims from direct purchasers in the multidistrict urethane antitrust litigation, and bankrupt Lyondell Chemical Co. likewise reached a deal to exit the long-running case in Kansas. This brings the total settlement amount in this case to more than $139 million.
On January 18, 2006 and April 14, 2006, the Honorable John W. Lungstrum of the U.S. District Court for the District of Kansas denied the defendants' motions to dismiss, and on July 29, 2008, Judge Lungstrum granted the plaintiffs' motion for class certification. On January 1, 2013, Judge Lungstrum denied the defendant’s summary judgment motion. The case is currently in trial against the only remaining defendant, Dow.