MOSCOW (MRC) -- A federal jury has ordered Dow Chemical Co to pay USD400 million in a price-fixing case involving chemicals used to make foam products in cars, furniture and packaging, according Reuters with reference to court documents.
Dow was one of several chemical company defendants named in a class action lawsuit alleging a conspiracy to fix urethane chemical prices, but it was the only defendant not to settle.
Last month, it went to trial in a federal court in Kansas City. The plaintiffs, purchasers of urethane chemicals, had sought more than USD1 billion in damages from Dow.
If the USD400 million verdict is approved by the judge overseeing the case, it could be tripled under federal antitrust law.
David Bernick, an attorney for Dow, said that the company would seek to dismiss the lawsuit in a post-trial motion.
Separately, Dow said in a statement late on Wednesday that it was disappointed the jury found price fixing conduct during part of the time frame at issue, and that it continues to deny those allegations. The plaintiffs had sought damages for a five-year conspiracy, but the jury did not find Dow liable for the full five years, he said.
Other defendants in the case have settled. In 2006 Bayer AG agreed to pay USD55 million. In 2011 Huntsman International LLC agreed to pay USD33 million and BASF Corp agreed to pay USD51 million. In settling, none of the companies admitted any wrongdoing.
The Dow Chemical Company is an American multinational chemical corporation. As of 2007, it is the second-largest chemical manufacturer in the world by revenue (after BASF) and as of February 2009, the third-largest chemical company in the world by market capitalization (after BASF and DuPont). Dow is a large producer of plastics, including polystyrene, polyurethane, polyethylene, polypropylene, and synthetic rubber.
MRC