Nature of Action
Class proceeding lawsuits have been initiated in Ontario, British Columbia and Quebec. The lawsuits allege that the Defendants conspired to fix prices for Hydrogen Peroxide in Canada.
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. the term “Hydrogen Peroxide Products” refers to Hydrogen Peroxide, products that contain Hydrogen Peroxide and products the production of which involved the use of Hydrogen Peroxide.
Certification
On September 28, 2009, Madam Justice Rady certified the action as a class proceeding as against the defendants Atofina Chemicals Inc., Arkema Inc., Arkema Canada Inc., Arkema S.A., FMC Corporation, and FMC of Canada, Ltd.
The action was certified 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.
The deadline to opt out of this proceeding passed on August 7, 2009. If you previously opted out of this proceeding, you will not be able to participate in any further judgments. If you did not previously opt out of this proceeding, you will be bound by any future judgment obtained in this proceeding whether favourable or not, including judgment on the common issues. There will be no further opportunity to opt out of this proceeding.
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.
Class Counsel
More information can be obtained by contacting class counsel:
The law firms of Siskinds LLP and Sutts, Strosberg LLP represent Settlement Class Members in Ontario, and in provinces other than British Columbia or Quebec, as well as corporations of more than 50 employees in Quebec. Siskinds LLP can be reached toll free at 1-800-461-6166 ext. 2455 or by email at charles.wright@siskinds.com. Sutts, Strosberg LLP can be reached toll free at 1-800-229-5323 ext. 8296 or by email at hpeterson@strosbergco.com
The law firm of Camp Fiorante Matthews represents Settlement Class Members in British Columbia. British Columbia Class Counsel can be reached at 604-689-7555 or by email at jjcamp@cfmlawyers.ca.
The law firm of Siskind Desmeules s.e.n.c.r.l. represents individuals and corporations of 50 or less employees who are Settlement Class Members in Quebec. Quebec Class Counsel can be reached at 418-694-2009 or by email at simon.hebert@siskindsdesmeules.com.