Hydrogen Peroxide
Background
This class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain prices in the market for Hydrogen Peroxide.
The Plaintiffs allege that from January 1, 1994 to January 5, 2005, 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 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.
Certification
On September 28, 2009, Madam Justice Rady certified the action as a class proceeding on behalf of a class of all persons in Canada (excluding the defendants and their subsidiaries, affiliates and predecessors) who purchased Hydrogen Peroxide, products containing Hydrogen Peroxide, or products produced using Hydrogen Peroxide in Canada between January 1, 1994 and January 5, 2005. The Defendants sought leave to appeal the certification decision and leave to appeal was denied on June 8, 2010.
Settlements to Date
Separate settlements have been reached with Solvay Chemicals Inc. and Solvay S.A. (collectively “Solvay”), with Evonik Degussa Corporation formerly Degussa Corporation, Evonik Degussa formerly Degussa A.G. and Evonik Degussa Canada Inc. formerly Degussa Canada Inc. (collectively “Degussa”), with Eka Chemicals, Inc., Eka Chemicals Canada Inc. and AkzoNobel Chemicals International B.V. (collectively “Akzo”) and with Kemira OYJ and Kemira Chemicals Canada Inc (collectively "Kemira"). These settlements have been approved by the courts and the deadline for filing a claim under these settlement agreements has passed.
A settlement has been reached with Atofina Chemicals Inc., Arkema Inc., Arkema Canada Inc, and Arkema S.A. That settlement has been approved by the Ontario Court. A motion to approve the settlement will be heard by the Quebec Court in the City of Quebec on February 14, 2012 at 9:30 a.m.
The litigation is continuing against the two remaining defendants FMC Corporation and FMC of Canada Ltd.
More information about the litigation and the settlements can be found at www.hydrogenperoxideclassaction.ca.
For further information concerning this action, please contact Jennifer Bald at 1-800-461-6166 ext. 2455 or e-mail Jennifer by clicking on the Contact Us link below.