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. One defendant, Bayer, has settled for $55.3 million, and is providing cooperation to the class as it prosecutes its claims against the remaining defendants, BASF, Huntsman, and Dow. 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. The litigation is ongoing, and currently is in the merits phase.
In May 2011, Huntsman International LLC agreed to pay $33 million to settle claims from direct purchasers in the multidistrict urethane antitrust litigation, while bankrupt Lyondell Chemical Co. likewise reached a deal to exit the long-running case in Kansas.
On September 21, 2011, a $51 million settlement agreement with BASF was filed with the U.S. District Court for the District of Kansas.