Polyether Polyol Products Class Action

Frequently Asked Questions

  1. What is a class action lawsuit?
  2. What is this class action about?
  3. What are Polyether Polyol Products?
  4. What settlements have been achieved in this class action?
  5. Am I eligible to receive a payment from the settlements?
  6. Are there any exceptions to who is eligible to receive a payment?
  7. How can I file a claim to apply for payment?
  8. Will it cost me anything to file a claim?
  9. What is the deadline to file a claim?
  10. What information do I need to provide with my claim?
  11. How do I know my claim was filed?
  12. What happens after I file a claim?
  13. What happens if my claim is selected for audit?
  14. How much money will I receive?
  15. How will my claim value be calculated?
  16. When will I get paid?
  17. Who are the lawyers representing me?
  18. Who has access to my information?
  19. What if I still have questions?
  1. What is a class action lawsuit?

    A class action lawsuit is a lawsuit filed by one person on behalf of a group of persons.

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  2. What is this class action about?

    This class action alleges that the Defendants unlawfully conspired to fix prices for Polyether Polyol Products in Canada from January 1, 1999 to December 31, 2004. The following entities were named as Defendants in the class action:

    • BASF Canada, BASF Corporation, BASF A.G. (collectively, “BASF”)
    • Bayer Inc., Bayer A.G., Bayer Material Science LLC, Bayer Corporation (collectively, “Bayer”)
    • Dow Chemical Company, Dow Chemical Canada Inc. (collectively, “Dow”)
    • Huntsman International LLC  (“Huntsman”)
    • Lyondell Chemical Company (“Lyondell”)

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  3. What are Polyether Polyol Products?

    Polyether Polyol Products means:

    (a)   Polyether polyols, monomeric or polymeric diphenylmethane diisocyanate (“MDI”) and toluene diisocyanate (“TDI”) purchased from any source; and/or

    (b)   Polyether polyol systems purchased from the Defendants

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  4. What settlements have been achieved in this class action?

    Settlements totalling approximately CAD $13,300,000 have been reached with the following Defendants:

    • BASF Canada — CDN$2,000,000
    • BASF Corporation — CDN$2,000,000
    • Bayer — CDN$2,500,000
    • Dow — CDN$5,080,000
    • Huntsman — USD$1,700,000
    • Lyondell — Up to $35,000 towards Notice


    All of these settlements have received court approval. The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members.

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  5. Am I eligible to receive a payment from the settlements?

    You are eligible to receive a payment if you purchased Polyether Polyol Products in Canada between January 1, 1999 and December 31, 2004 (the “settlement class” or “settlement class members”).

    As described in FAQ 3, Polyether Polyol Products are:

    • polyether polyols, MDI and/or TDI purchased from any source; and/or
    • polyether polyol systems purchased from the Defendants.

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  6. Are there any exceptions to who is eligible to receive a payment?

    You are not eligible to receive money if you are a Defendant, a related entity of a Defendant, an employee, officer or director of a Defendant, or if you validly and timely opted-out (excluded yourself from) the class action. For a list of the Defendants in this action, see FAQ 2.

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  7. How can I file a claim to apply for payment?

    If you wish to apply for a payment from the settlements you must file a claim no later than February 11, 2019. The claim form can be completed online here.

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  8. Will it cost me anything to file a claim?

    It does not cost anything to file a claim. Counsel and Administration fees will be paid out of the settlement funds.

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  9. What is the deadline to file a claim?

    Claims must be filed by no later than February 11, 2019.

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  10. What information do I need to provide with my claim?

    As part of the claims process, you will be required to establish your purchases of Polyether Polyol Products. There are two ways to establish your purchases.

    A. Purchases Substantiated by Defendant Sales Data

    If you purchased Polyether Polyol Products directly from any of the Defendants, you may be able to rely on the Defendants’ sales records to establish your purchases. If applicable, you will receive an email or letter from the Claims Administrator and your purchase information will be pre-populated on the File Claim page. If your purchases are fully substantiated by the Defendants’ sales records, no further proof of purchase is required.

    B. Other Purchases

    If you are claiming for purchases that are not fully substantiated by the Defendants’ sales data (for example, you did not purchase from the Defendants or you are claiming for purchases in addition to those disclosed in the Defendants’ sales data), you must provide a declaration attesting to those purchases.  

    If you maintained purchase records for at least two years during the class period (January 1, 1999 to December 31, 2004), you can use those records to extrapolate your purchases of Polyether Polyol Products for the remainder of the class period. You can also extrapolate your purchases of Polyether Polyol Products using sales data provided by the Defendant Bayer (Bayer only provided sales data for part of the relevant period).

    The online claim form does not require you to upload any additional proof of purchase. However, if you claim is selected for audit, you will be required to provide the Claims Administrator with additional information or documents to substantiate your purchases.  Details respecting the audit process are included in FAQ 13 and in paragraphs 31 - 34 of the Distribution Protocol.

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  11. How do I know my claim was filed?

    Immediately after you file your claim, a page will be displayed confirming the receipt of your claim. You will also be sent a confirmation email to the email address you provided in your claim form.

    If you do not receive this confirmation, please confirm that you have filled in all the required information. There will be red text on the form anywhere that information is missing. If you are still unsure whether your claim was received, call us at 1-866-674-1760 or email us at polyether@ricepoint.com.

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  12. What happens after I file a claim?

    The court has appointed RicePoint Administration Inc., formerly NPT RicePoint Class Action Services, as the "Claims Administrator". The Claims Administrator will receive and review claims, make determinations in respect of entitlement to settlement benefits, and issue payments to eligible settlement class members.

    Once all claims are received and processed, decision notices will be sent to everyone who filed claims. Decision notices will be sent to the address you provided in the claim form. If you change address prior to receiving a decision notice, it is your responsibility to advise the Claims Administrator.

    Accurate claims processing claims takes a significant amount of time. Your patience is appreciated.

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  13. What happens if my claim is selected for audit?

    The Claims Administrator will notify you, by email or by regular mail, that your claim is the subject of an audit and that you are required to provide proof of purchase. 

    Proof of purchase might include invoices, receipts, delivery or packing slips, purchase records, historical accounting records, credit card statements, bank statements, cancelled cheques, wire transfer confirmations, or comparable verification that is acceptable to the Claims Administrator. Please see paragraph 33 of the Distribution Protocol for more information.

    If you have extrapolated purchase records in accordance with paragraph 22 of the Distribution Protocol, you will have to explain the basis for and calculation of the extrapolation of purchases.

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  14. How much money will I receive?

    Settlement benefits will be distributed to qualifying settlement class members pro rata (proportionally) based on the value of the qualifying settlement class member’s “Notional Entitlement” (see FAQ 15) as against the value of all qualifying settlement class members’ Notional Entitlements. This means that the amount you will receive depends on the number  and size  of the claims filed.  

    Notwithstanding the above, settlement class members with valid claims will receive a minimum payment of $20.

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  15. How will my claim value be calculated?

    A settlement class member’s Notional Entitlement will be calculated based on: (a) the value of the settlement class member’s Aggregate Purchases (defined below); (b) the categorization of the settlement class member; (c) the type of Polyether Polyol Products purchased; and (d) the date of purchase.


    (a) Value of Aggregate Purchases

    The Claims Administrator will calculate the aggregate amount paid by a settlement class member for Polyether Polyol Products, less any taxes, delivery or shipping charges, rebates, or other form of discounts (a settlement class member’s “Aggregate Purchases”) based on the information disclosed in the Defendants’ sales information and/or information provided by the settlement class member as part of the claims process.


    (b) The Categorization of the Settlement Class Member

    Settlement class members will be categorized into purchaser groups depending on their positon in the distribution chain. The purchaser groups are as follows:

    • Direct Purchaser: means a settlement class member who purchased Polyether Polyol Products from a manufacturer for either (i) its own use and not for commercial resale; or (ii) inclusion in a product for commercial resale. Aggregate Purchases made in the capacity of a Direct Purchaser will be valued at 100%.
    • Distributor: means a settlement class member who purchased Polyether Polyol Products and resold those products without further processing and without including them in any product. Aggregate Purchases made in the capacity of a Distributor will be valued at 25%.
    • Indirect Purchaser: means a settlement class member who purchased Polyether Polyol Products from a Distributor. Aggregate Purchases made in the capacity of an Indirect Purchaser will be valued at 75%.


    Settlement class members can fall within multiple purchaser groups.


    (c) Type of Polyether Polyol Product

    The following values will be applied to account for the type of Polyether Polyol Product:

    • Aggregate Purchases attributable to purchases of MDI, TDI and/or polyether polyol will be valued at 100%; and
    • Aggregate Purchases attributable to purchases of polyether polyol systems will be valued at 50%.


    (d) Date of Purchase

    The following values will be applied to account for the date of purchase:

    • Aggregate Purchases made between January 1, 2002 and December 31, 2003 will be valued at 100%; and
    • Aggregate Purchases made between January 1, 1999 to December 31, 2001 and January 1, 2004 to December 31, 2004 will be valued at 30%.

    Sample Calculation:

    If a Distributor purchased $1,000,000 of MDI and TDI in 2001, its notional entitlement would be as follows:


    $1,000,000 (representing the Aggregate Purchases of MDI and TDI) x 0.25 (representing the categorization of the purchaser as a Distributor) x 1.0 (representing the type of product purchased) x 0.3 (representing the timing of the purchase) = $75,000

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  16. When will I get paid?

    In class actions, payment typically occurs 8 to 12 months after the claims deadline.

    Accurate claims processing claims takes a significant amount of time. Your patience is appreciated.

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  17. Who are the lawyers representing me?

    The law firm of Siskinds LLP represents settlement class members.  Siskinds LLP can be reached at:

    Email: polyetherpolyols@siskinds.com

    Telephone (toll-free):  1-800-461-6166 ext. 2455

    Mail: 680 Waterloo Street, London, ON N6A 3V8, Attention: Charles Wright.

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  18. Who has access to my information?

    The court approved Claims Administrator gathers and stores claim submissions using a secure site. More information about the Claims Administrator is available by clicking here.

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  19. What if I still have questions?

    If you have further questions please contact the Claims Administrator (RicePoint Administration Inc.) at:

    Email: polyether@ricepoint.com

    Telephone (toll-free): 1-866-674-1760

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