Case Summary
1. Sutts, Strosberg LLP (Windsor and Toronto) is co-counsel in a class action issued in London, Ontario on May 11, 2005 brought against the defendants Atofina Chemicals Inc., Arkema Inc., Arkema Canada Inc., Arkema S.A., FMC Corporation, FMC of Canada, Ltd., Solvay Chemicals Inc., Solvay S.A, Degussa Corporation, Degussa A.G., Degussa Canada Inc., EKA Chemicals, Inc., EKA Chemicals Canada Inc., Akzo Nobel Chemicals International B.V., Kemira OYJ and Kemira Chemicals Canada Inc.. Companion litigation was commenced in British Columbia and Quebec.
2. In this class action, the plaintiffs allege that the defendants conspired and agreed among themselves and others to fix the price at which hydrogen peroxide (including its 'downstream' products, sodium perborate and sodium percarbonate) were sold in Canada and worldwide.
3. In 2008, settlements were reached in Canada with all defendants except the Atofina/Arkema group and the FMC group of defendants. Information on these Canadian settlements may be found at www.hydrogenperoxideclassaction.ca. The court issued a distribution order in respect of the 2008 Canadian settlements and distribution followed.
4. Settlements were also reached in similar U.S. litigation. Information on the U.S. settlements may be found at www.HydrogenPeroxideAntitrustLitigation.com.
5. In 2010, the court certified the action as a class proceeding against the Atofina/Arkema group and the FMC group of remaining defendants. A motion for leave to appeal the certification was dismissed.
6. The Class of persons included in the lawsuit is: All persons in Canada, (excluding the defendants and their subsidiaries, affiliates and predecessors) who purchased hydrogen peroxide or products produced using hydrogen peroxide in Canada between January 1, 1994 and January 5, 2005.
7. The Notice of Certification may be viewed here (English) (French).
8. In May 2011, a settlement was reached with the Atofina/Arkema group of defendants. The settlement was approved by the Court in Ontario and recognized by the courts in British Columbia and Québec. The settlement agreement may be viewed at www.hydrogenperoxideclassaction.ca.
9. Notice of Settlement Approval may be viewed here (English) (French).
10. The plaintiffs are continuing to prosecute the class action against the defendants FMC Corporation and FMC of Canada Ltd..
11. If you have questions not answered on this website, please call Sutts, Strosberg LLP at 1.800.229.5323, extension 8296.
12. If you would like to know more about how a class action works, please click here.
IMPORTANT NOTE
This website has been developed to provide general information to class members on a class action that alleges price fixing in respect of hydrogen peroxide.
The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.
This website will be updated from time to time to provide class members with information as it becomes available.