Feb 20 Dow Chemical Co on Wednesday was
ordered by a federal jury to pay $400 million in a price-fixing
case over chemicals used to make a wide range of foam products
found in cars, furniture and packaging, according to court
Dow was one of several chemical company defendants named in
a class action lawsuit alleging a conspiracy to fix urethane
chemical prices. But Dow was the only defendant not to settle.
Last month, it went to trial in Kansas City, Kansas federal
The plaintiffs, purchasers of urethane chemicals, had sought
more than $1 billion in damages.
If the $400 million verdict is sustained by the judge
overseeing the case, it may be tripled under federal antitrust
David Bernick, an attorney for Dow, said that the company
would seek to dismiss the lawsuit in a post-trial motion.
The plaintiffs had sought damages for a five-year
conspiracy, noted Bernick. But the jury did not find Dow liable
for the full five years, he said.
"We think it's very clear that the jury rejected the
five-year class conspiracy claim and there was no other claim,"
Joe Goldberg, an attorney for the plaintiffs, said he was
pleased with the verdict.
"The people of Kansas administered justice, consistent with
the evidence," Goldberg said.
Other defendants in the case have settled. In 2006 Bayer AG
agreed to pay $55 million. In 2011 Huntsman International LLC
agreed to pay $33 million and BASF Corp agreed to pay $51
million. In settling, none of the companies admitted any
The case is In Re Urethane Antitrust Litigation, U.S.
District Court, District of Kansas, 04-md-01616.