Bulk [Extruded] Graphite Products Antitrust Litigation

Plaintiffs in the Action alleged that defendants violated federal antitrust laws by entering into a combination, conspiracy or agreement to fix, maintain, raise or stabilize the prices of Bulk Extruded Graphite Products sold in the United States from January 1, 1993 to December 31, 1998. Plaintiffs further alleged that as a result of the conspiracy, Plaintiffs and the other members of the Class were injured by paying more for Bulk Extruded Graphite Products than they would have paid in the absence of the alleged conduct. The SGL Defendants deny these allegations in full, deny liability in full, and deny that any Plaintiff or Class member is entitled to damages or other relief.

Following completion of discovery in the Action, and after extensive negotiations between the parties, Plaintiffs, on behalf of the Class, entered into a proposed settlement with the SGL Defendants (the "Settlement"). The terms of the Settlement, which must be approved by the Court, are set forth in a written settlement agreement dated October 26, 2007 (the "Settlement Agreement"). The Settlement Agreement provides that SGL Carbon LLC will pay $8.3 million in cash to the Class in exchange for dismissal of the Action with prejudice, and a release of all claims against the SGL Defendants (and affiliated entities) related to the conduct alleged in the Action.

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