A federal judge has ruled that a class action lawsuit against major sulfuric acid producers may proceed, some seven years after it was initiated (GM May 26, 2003). Plaintiff sulfuric acid buyers Ohio Chemical Services, Independent Chemical Corp., National Alum Corp., Producers Chemical Co., Old Bridge Chemicals Inc., and AG RX brought the suit against several U.S. and Canadian producers.
The plaintiffs alleged that defendants engaged in anticompetitive behavior by conspiracy to reduce the output and fix the price of sulfuric acid in Canada and the U.S. They alleged that U.S.-based producers GAC Chemical Corp., Boliden Intertrade Holdings Inc., Pressure Vessel Services Inc. (PVS), Koch Industries Inc., DuPont, Marsulex Inc., and Chemtrade Logistics allegedly shut down or curtailed production in favor of purchasing acid from Canadian defendants Noranda and Falconbridge Ltd.
The plaintiffs also alleged that Noranda, Falconbridge, and DuPont operated an illegal price fixing and output restriction agreement under the label of Noranda DuPont (now Norfalco), a joint venture.
The defendants sought a summary judgment to dismiss the case. The judge denied the motions for Noranda, Boliden, PVS, Norfalco, and Koch; denied in part and granted in part for Falconbridge; and granted the motion in full for GAC.
DuPont, Marsulex, and Chemtrade have already settled.
The timeframe at issue is 1988-2001. The case was filed in 2003 and achieved class status in 2007.
The case is before the U.S. District Court for the Northern District of Illinois, Eastern Division.