DIPF Direct Purchaser Settlement
www.DIPFDirectSettlement.com

Overview of Class Action Settlement

Important Update

There is a Proposed Settlement, in a class action lawsuit called In re Ductile Iron Pipe Fittings (“DIPF”) Direct Purchaser Antitrust Litigation, which is pending in the United States District Court for the District of New Jersey.

Under the McWane Settlement, McWane, Inc. and its divisions Clow Water Systems Co., Tyler Pipe Company, and Tyler Union (collectively, “McWane” or “Settling Defendant”) have agreed to pay $8,787,500. McWane has asserted a number of defenses to plaintiffs’ claims and denies all wrongdoing, but has settled to avoid the cost and risk of a trial.

The McWane settlement is in addition to two earlier settlements with former defendants SIGMA Corporation and its subsidiary SIGMA Piping Products Corporation (together, “SIGMA”) and Star Pipe Products, Ltd. (“Star”). The Court issued an Order on November 8, 2017 approving the distribution of funds to Settlement Class Members for the SIGMA and Star Settlements. The Court order is available here. Distribution of settlement checks will occur by December 7, 2017.

Plaintiffs claim that, from at least as early as January 11, 2008, through at least as late as September 21, 2009, defendants engaged in a conspiracy to fix prices for Open-Spec DIPF in the United States in violation of the antitrust laws. Plaintiffs also claim that, from at least as early as September 22, 2009, through December 31, 2013, defendant McWane illegally monopolized, and defendants SIGMA and McWane conspired to restrain trade in and monopolize, the market for Domestic DIPF in the United States in violation of the antitrust laws. Plaintiffs allege that, as a result of defendants’ anticompetitive conduct, plaintiffs and members of the settlement classes paid more for DIPF and Domestic DIPF than they otherwise would have paid absent the anticompetitive conduct. McWane denies all of plaintiffs’ claims and has asserted various defenses. The Court has not made any decision as to the merits of the plaintiffs’ allegations.

Judge Thompson has decided that for purposes of the McWane Settlement, there are three settlement classes:

(1) All persons or entities in the United States that purchased Open-Spec DIPF directly from any Defendant at any time from January 11, 2008, through September 21, 2009;

(2) All persons or entities in the United States that purchased Domestic DIPF directly from McWane or SIGMA at any time from September 22, 2009, through December 31, 2013; and

(3) All persons or entities in the United States that purchased Domestic DIPF directly from McWane at any time from September 22, 2009, through December 31, 2013.

Excluded from the McWane Settlement Classes are defendants and their parents, subsidiaries and affiliates, whether or not named as a defendant in this action, federal governmental entities, and instrumentalities of the federal government.

Also excluded from the McWane Settlement Classes are certain companies that have otherwise agreed to exclude themselves from the Settlement. Those excluded companies are listed on Exhibit 1 of the notice.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM If you wish to make a claim against the settlement funds, you will need to file a Claim Form in order to receive money from the settlement. (See FAQ 9)
GO TO THE COURT’S HEARING Ask the Court for permission to speak about the fairness of the McWane Settlement, the Plan of Allocation, or the Request for Attorneys Fees and Expenses. (See FAQ 21)
OBJECT Write to the Court about why you don’t like the McWane Settlement, the Plan of Allocation, or the Request for Expenses. (See FAQ 17)
EXCLUDE YOURSELF Get no payment from the McWane Settlement. (See FAQ 13)
DO NOTHING You do not have to take any action to remain part of the Settlement Classes. (See FAQ 22)