Last Updated December 15, 2011

If you purchased polyether polyols, MDI, TDI, MDI-TDI blends, or polyether polyol systems between 1999 and 2004, class action settlements with BASF Corporation, Huntsman International LLC and Lyondell Chemical Company may affect your rights.

For more detailed information, please review the Notice and other court documents at the links on the right.

What's This About?

The settlements arise from a class action lawsuit filed against major manufacturers of Polyether Polyol Products (as defined below - see "Who is Part of the Class?"). The plaintiffs -- Seegott Holdings, Inc.; Industrial Polymers, Inc.; and Quabaug Corporation -- allege that the defendant manufacturers unlawfully agreed to fix, raise, maintain, or stabilize the prices of, and allocate the customers and markets for, Polyether Polyol Products sold in the United States and its territories during the period January 1, 1999 through December 31, 2004, in violation of the federal antitrust laws.

The defendant-manufacturers are: Bayer AG, Bayer MaterialScience LLC (f/k/a Bayer Polymers LLC), and Bayer Corporation (collectively, "Bayer"); BASF SE (f/k/a BASF AG) and BASF Corporation (collectively, "BASF"); The Dow Chemical Company ("Dow"); Huntsman International LLC ("Huntsman"); and Lyondell Chemical Company ("Lyondell").

Bayer agreed to settle the lawsuit in 2006, but denies any wrongdoing. On August 30, 2006, the United States District Court for the District of Kansas ("District Court") granted final approval to the Bayer settlement. In January and September 2011, the settlement administrator distributed payments to members of the Class who submitted qualified claims.

In spring 2011, Huntsman and Lyondell agreed to settle as well; both deny any wrongdoing. On September 27, 2011, the District Court granted final approval to (i) a Settlement Agreement between Huntsman and Plaintiffs dated May 27, 2011, and (ii) a Settlement Agreement between Lyondell and Plaintiffs dated March 1, 2011. The Huntsman and Lyondell Settlement Agreements and the District Court's September 27, 2011 orders are available at the links on the right.

In the fall of 2011, BASF agreed to settle, and it, too, denied any wrongdoing. The District Court gave final approval to the BASF settlement on December 12, 2011. The Court's order and the BASF settlement agreement are available at the links on the right.

On December 12, 2011, the District Court also approved the Plan of Allocation for the Huntsman and BASF settlement funds and class counsel's request for payment of attorneys' fees and reimbursement of litigation expenses. These orders are available at the links on the right.

The class action lawsuit will continue against Dow, which has not settled with the plaintiffs.

Who is Part of the Class?

On July 29, 2008, the District Court issued an order (available for download or viewing on the right side of this page) certifying this lawsuit as a class action for the following Class: All persons and entities who purchased Polyether Polyol Products (defined below) directly from a defendant at any time from January 1, 1999 through December 31, 2004 in the United States and its territories (excluding all governmental entities, any defendants, their employees, and their respective parents, subsidiaries, and affiliates). Polyether Polyol Products are: propylene oxide-based polyether polyols; monomeric or polymeric diphenylmethane diisocyanates (MMDI or PMDI - collectively, MDI); toluene diisocyanates ("TDI"); MDI-TDI blends; or propylene oxide-based polyether polyol systems (except those that also contain polyester polyols). The District Court set a deadline of December 24, 2008 for Class Members to exclude themselves from the class action. If you did not previously exclude yourself, you are a member of the Class.

How Do I Submit A Claim?

It is too early to submit a claim, but be sure to retain all documents that substantiate your purchases of Polyether Polyol Products from the Defendants during the Class Period, even if you have already submitted such records to the Settlement Administrator in connection with the distribution of the Bayer Settlement Fund. As described in the Plan of Allocation and Distribution for the Huntsman and BASF settlement funds (available to view and download on the right), the Settlement Administrator will mail Class Members personalized claim forms with filing instructions. Please check this website periodically for updated information about the claims administration process and filing deadlines.

How Can I Get More Information?

The documents at the links on the right contain much important information and should answer most questions. If you have additional questions, you can contact the attorneys or settlement administrator listed below. Please do not direct inquiries to Huntsman, Lyondell, BASF, the Court, or the Clerk's office.

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INFORMATION
	BASF Notice (PDF; 4 Pages; 134KB)
	Huntsman and Lyondell Notice (PDF; 4 Pages; 131KB)
	12/12/11 Order Approving BASF Settlement (PDF; 3 Pages; 51.5KB)
	9/27/11 Order Approving Huntsman Settlement (PDF; 4 Pages; 13.8KB)
	9/27/11 Order Approving Lyondell Settlement (PDF; 3 Pages; 13.6KB)
	9/21/11 BASF Settlement Agreement (PDF; 30 Pages; 1.09MB)
	5/27/11 Huntsman Settlement Agreement (PDF; 30 Pages; 776KB)
	3/1/11 Lyondell Settlement Agreement (PDF; 10 Pages; 1MB)
	7/29/08 Order Certifying Class Action (PDF; 37 Pages; 101KB)
	Final Order Approving Bayer Settlement (PDF; 14 Pages; 179KB)
	Bayer Settlement Agreement (PDF; 20 Pages; 788KB)
	12/12/11 Order Approving Class Plaintiffs' Petition for Award of Attorneys' Fees and Reimbursement of Litigation Expenses (PDF; 3 Pages; 45.5KB)
	12/12/11 Order Approving Plan of Allocation and Distribution for Huntsman and BASF Settlement Funds (PDF; 19 Pages; 498KB)

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