Team Infotech assists in verdict in Polyurethane antitrust litigation – approximately $1 billion recovered by plaintiffs

Plaintiffs brought suit in 2008 against urethane chemical makers accusing the manufacturers of conspiring to fix prices of polyether polyol products that are used in, among other applications, urethane foam. Infotech  Consulting was hired to calculate damages to Plaintiffs due to the illegal price-fixing scheme. Four Defendants in the class action case settled before trial. However, Dow Chemical took the case to trial. Dr. McClave presented his analysis of damages arising from the price-fixing actions of the Defendants to a federal jury in Kansas City, Kansas in February, 2013. The case went to the jury and the jury reached a $400 million verdict against Dow Chemical. The $400 million verdict was trebled and U.S. District Judge, John Lungstum, entered a judgement against Dow Chemical in the amount of $1.06 billion. Dow Chemical appealed the judgment, but the appeal was denied. Dow then petitioned the U.S. Supreme Court but settled with Plaintiffs for $835 million before the petition was heard. In total, the class Plaintiffs recovered nearly one billion in damages.

In re: Urethane Antitrust Litigation, No. 04-MD-1616-JWL (Kansas)

Infotech Consulting Helps Turn Off the Facet in $4 Million Iron Pipe Fittings Antitrust Case

Infotech Consulting Helps Turn Off the Facet in $4 Million Iron Pipe Fittings Antitrust Case

Infotech Consulting had the opportunity to work with indirect purchaser plaintiffs in an industry that most people never even think about when turning on their faucets.  Ductile iron pipe fittings (DIPF) are used to join ductile iron pipe, valves and hydrants within a water system as well as change or direct the flow of water. DIPF are an integral part of municipal and regional water and sewer systems. The end-user plaintiffs, including municipal water works departments, accused Defendants McWane, Inc, Sigma Corporation and Star Pipe Products of violating antitrust laws by restricting trade, charging supracompetitive prices for ductile iron pipe fittings, and unlawful monopolization between 2008 and 2014.  These companies controlled over 90% of the DIPF market during this period. Infotech Consulting analyzed over 4.7 million DIPF distributor transactions to calculate the pass through rate to indirect purchasers that then was used to estimate the damages incurred by the end-users as a result of the conspiratorial behavior.  Dr. Jim McClave’s damage model helped the plaintiff’s secure settlements totalling over $4 million.  

In Re Ductile Iron Pipe Fittings (“DIPF”) Indirect Purchaser Antitrust Litigation, Civ. No. 12-169 (US District Court for New Jersey)