Sulfuric Acid Antitrust Litigation

Beginning in 2003, seven class action lawsuits were filed against various Defendants by purchasers of Sulfuric Acid. Those lawsuits have been consolidated before the Court. Plaintiffs have filed a Third Consolidated Amendment Complaint ("Complaint") in which they allege that Defendants violated Section 1 of the Sherman Act, 15 U.S.C. 1, by engaging in a conspiracy to fix, raise, maintain and/or stabilize the price of Sulfuric Acid in the United States at artificially high prices, and/or to allocate markets and customers for the sale of Sulfuric Acid in the United States during the Class Period of January 1, 1988 through January 16, 2003. Plaintiffs further allege that, as a result of the consiracy, they and other members of the proposed Class have been injured by paying more for Sulfuric Acid than they would have paid in the absence of the illegal conduct, and seek recovery of treble damages, together with reimbursement of costs and an award of attorneys' fees.

Defendants deny the allegations of the Complaint and state that they have not engaged in price fixing or markey/customer allocation of any other violation of the antitrust laws, and that there was no "combination, conspiracy or agreement" to do so.

At this time, neither Plaintiffs nor Defendants have proven their assertions. The Court expresses no opinion as to whether Plaintiffs' allegations are correct or whether Defendants have engaged in any wrongdoing.

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