Dow claims anti-conspiracy trend in class action appeal

Jane Denny
URETHANES TECHNOLOGY INTERNATIONAL

Published: December 18, 2013 2:15 pm ET
Updated: December 18, 2013 2:18 pm ET

Related to this story

Topics Materials, Materials Suppliers
Companies & Associations Dow Chemical Co.

DENVER — Dow Chemical Co presented its appeal case in a bid to overturn a $1 billion urethane price fixing judgment.

The company is the only one of a handful — which included Bayer AG, BASF SE and Huntsman International — to continue to fight the 2004-consolidated class action price-fixing claim comprising around 2,400 purchasers.

As part of its appeal against a jury-conviction for anti-trust conspiracy heard in Denver on Dec. 6, Dow Chemical said prices “during the alleged conspiracy were basically flat, and then rose after the conspiracy allegedly ended.”

According to testimony from Kenneth Elzinga on behalf of Dow Chemical, the variations in prices during the period of alleged price-fixing showed the “flip side of what you would normally see” occur with a cartel.

Furthermore, Dow Chemical’s arguments to the 10th Circuit Appeals court claim that the class certification was unjustified as it prevented Dow Chemical showing how some class members had individually negotiated lower rates and were unaffected by the allegations of price-fixing.

The company also raised concerns over the court’s acceptance of statistical models designed by James McClave — whose models were rejected by the Supreme Court in another action.


Comments

Dow claims anti-conspiracy trend in class action appeal

Jane Denny
URETHANES TECHNOLOGY INTERNATIONAL

Published: December 18, 2013 2:15 pm ET
Updated: December 18, 2013 2:18 pm ET

Post Your Comments


Back to story


More stories

Image

Compounding products and services

November 24, 2014 9:47 am ET

   More

Image

Dow reaches agreement with Third Point

November 21, 2014 9:11 am ET

Dow Chemical Co. has reached an agreement with the investment firm that has been trying to force the company to sell off some assets.More

Image

Ineos making its UK shale play

November 21, 2014 9:29 am ET

Chemical giant Ineos Group AG is planning to be the biggest player in the United Kingdom's shale gas industry.    More

Image

Total to buy majority stake in Polyblend

November 20, 2014 10:04 am ET

French oil and gas giant Total SA will buy a 68 percent stake in Germany's Polyblend GmbH, a subsidiary of Polymer-Chemie GmbH.    More

Image

Silica can replace plastic microbeads

November 19, 2014 6:00 am ET

As cosmetics and soap makers face pressure to remove plastic microbeads from their products, Evonik Industries touts its new silica-based microbeads a...    More

Market Reports

Plastics in Brazil - State of the Industry Report

This in-depth report examines the Brazilian plastics industry from a historical and geographical context. Our analysts provide insight on economic trends and forecasts, growing manufacturing sectors that utilize plastics, private investment opportunities, market environment challenges, and innovations in R&D.

Data tables and charts on producer prices, trade, plastics production and end market indicators is also included.

Learn more

Plastics Recycling Trends in North America

This report is a review and analysis of the North American Plastics Recycling Industry, including key trends and statistics based on 2013 performance. We examine market environment factors, regulatory issues, industry challenges, key drivers and emerging trends in post-consumer and post-industrial recycling.

Learn more

Injection Molders Market Report & Ranking 2014

This special package contains our 132-page 2014 Market Report on the Injection Molding segment and our exclusive 2014 RANKINGS database of 500+ Injection Molders for a discounted package price.

Learn more

Upcoming Plastics News Events

January 14, 2015 - January 14, 2015Plastics in Automotive

February 4, 2015 - February 6, 2015Plastics News Executive Forum 2015

June 2, 2015 - June 3, 2015Plastics Financial Summit - Chicago 2015

September 16, 2015 - September 18, 2015Plastics Caps & Closures - September 2015

October 27, 2015 - October 29, 2015Plastics Financial Summit - New York - 2015

More Events