Hydrogen Peroxide

HYDROGEN PEROXIDE CLASS ACTION

Case Name:	Catalyst Paper Corporation v. Atofina Chemicals Inc. et al

Court:	Supreme Court of British Columbia

Date Filed:	May 25, 2005

Class Members:	All persons resident in B.C. who purchased hydrogen peroxide from the defendants from 1994 to the present.

Co-counsel:	Charles M. Wright Siskinds Harvey T. Strosberg, Q.C. Sutts, Strosberg LLP

Hydrogen Peroxide

This class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain prices in the market for Hydrogen Peroxide.

The Plaintiffs allege that from January 1, 1994 to January 5, 2005, the Defendants and senior executive of the corporate defendants participated in illegal and secretive meetings and made arrangements relating to price targets, specific price increases, and market share divisions for Hydrogen Peroxide.

Hydrogen Peroxide is a clear colourless inorganic liquid used primarily as a bleach or oxidizer. Hydrogen Peroxide is sold in aqueous solutions, typically 35%, 50% or 70% by weight, in different grades or formulations specifically tailored for enhanced performance in a particular application of the product.

Separate settlements have been reached with Solvay Chemicals Inc. and Solvay S.A. (collectively “Solvay”), with Evonik Degussa Corporation formerly Degussa Corporation, Evonik Degussa formerly Degussa A.G. and Evonik Degussa Canada Inc. formerly Degussa Canada Inc. (collectively “Degussa”), and Eka Chemicals, Inc., Eka Chemicals Canada Inc. and AkzoNobel Chemicals International B.V. (collectively “Akzo”), and with Kemira OYJ and Kemira Chemicals Canada Inc. (collectively “Kemira”). The deadline for filing a claim under the settlement agreement has passed. The litigation is continuing against the remaining six Defendants.

Notice of the settlements may be viewed by clicking on the following links:

On September 28, 2009, Madam Justice Rady in Ontario certified the action as a class proceeding as against the defendants Atofina Chemicals Inc., Arkema Inc., Arkema Canada Inc., Arkema S.A., FMC Corporation, and FMC of Canada, Ltd.

The action was certified on behalf of all persons in Canada (excluding the defendants and their subsidiaries, affiliates and predecessors) who purchased Hydrogen Peroxide, products containing Hydrogen Peroxide or products using Hydrogen Peroxide in Canada between January 1, 1994 and January 5, 2005.

The non-settling Defendants sought leave to appeal the decision. Leave was denied.

Notice of Certification may be viewed in either English or French by clicking on the corresponding link(s) below:

Notice – English
Notice – French

Update

A settlement has been reached with Atofina Chemicals Inc., Arkema Inc., Arkema Canada Inc., and Arkema S.A. (collectively "Arkema"). A motion to approve the Arkema settlement will be heard by the Ontario Court in London on Friday September 16, 2011 at 2:30 pm.

Notice of the hearing may be viewed in either English or French by clicking on the corresponding link(s) below:

More information about the litigations and the settlements can be found at www.hydrogenperoxideclassaction.ca.

For further information concerning this action, please contact Lise Carmichael at 1-800-689-2322 or 604-689-7555, or email lcarmichael@cfmlawyers.ca.