Dow Urethane Price-Fixing Trial Starts Next Week

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A class action lawsuit accusing Dow Chemical Corp. of conspiring with other companies to fix the price of urethane foam is headed to trial next week after nearly seven years of litigation.

Dow is the last remaining company fighting the urethane antitrust case, which the four other defendants already settled. Bayer Corp., BASF Corp. and Hunstman International LLC agreed to a nearly $140 million class action lawsuit settlement, while Lyondell Chemical Co. settled without paying damages because it was under bankruptcy protection.

Class action lawsuits alleging antitrust violations began springing up against the urethane makers in 2004 after Chemtura (f/k/a Crompton Corp.) admitted to fixing the price of rubber products. Chemtura paid a $50 million fine as part of a plea deal with the government.

Dow continues to deny it colluded with the other companies to fix the price of urethane foam, and says it looks forward to presenting its side of the case at trial.

The urethane antitrust trial will begin January 23 with jury selection and opening arguments before U.S. District Judge John W Lungstrum. It is expected to take five to six weeks.

The case is In Re: Urethane Antitrust Litigation, 2:04-md-01616, in the U.S. District Court for the District of Kansas.

UPDATE: The Dow Urethane Price-Fixing Class Action Settlement is now open! Click here to file a claim.