In re Hydrogen Peroxide Antitrust Litig., 05-CV-666 (E.D. Pa).

An antitrust class action alleging price-fixing of Hydrogen Peroxide.  Direct purchasers of hydrogen peroxide brought a class action suit against chemical manufacturers alleging that the manufacturers had violated 15 U.S.C.S. § 1 of the Sherman Act by engaging in a conspiracy in restraint of trade involving fixing of prices for hydrogen peroxide and related chemical products during the class period of January 1, 1994–January 5, 2005.

Hydrogen peroxide is used most prominently as a bleach in the pulp and paper industry with smaller amounts appearing in chemicals and laundry products, environmental applications, textiles, and electronics.

After the United States Department of Justice and the European Commission began investigating possible violations of the antitrust laws in the hydrogen peroxide industry, plaintiffs filed class action complaints against producers of hydrogen peroxide and persalts under § 4 of the Clayton Act, 15 U.S.C. § 15, alleging a conspiracy in restraint of trade violating § 1 of the Sherman Act, 15 U.S.C. § 1.

The consolidated amended complaint alleged that during an eleven-year class period (January 1, 1994–January 5, 2005) defendants (1) communicated about prices they would charge, (2) agreed to charge prices at certain levels, (3) exchanged information on prices and sales volume, (4) allocated markets and customers, (5) agreed to reduce production capacity, (6) monitored each other, and (7) sold hydrogen peroxide at agreed prices.

Settlements exceeded $97 million.