MOSCOW (MRC) -- A federal judge in Kansas City, Kansas, ordered Dow Chemical Co on Wednesday to pay USD1.2 billion in a price-fixing case involving chemicals used to make foam products in cars, furniture and packaging, according to court documents, said Reuters.
Dow was one of several chemical company defendants named in a 2005 class action lawsuit alleging a conspiracy to fix urethane chemical prices, but it was the only defendant not to settle.
In January, Dow went to trial in Kansas City and in February a federal jury rendered a USD400 million verdict against the chemical company after finding that it conspired to fix prices of urethane.
On Wednesday, U.S. District Judge John W. Lungstrum denied Dow's request to overturn that verdict and the USD400 million in damages were tripled under U.S. antitrust law, bringing Dow's overall payment to USD1.2 billion.
David Bernick, an attorney for Dow, said he would appeal the judgment, saying the statistical formula used by an expert to calculate the price-fixing was not reliable.
"Dow looks forward to pursuing these and other grounds for reversal in its appeal," a Dow spokesman said in a news release. "Dow has always denied plaintiffs' allegations of price fixing." Joe Goldberg, an attorney for the plaintiffs, said he was pleased with the judgment.
"The jury found the conspiracy caused approximately USD400 million in damages to thousands of businesses around the United States," said Goldberg.
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