Expert Reports Influence EPDM Antitrust Litigation Class Certification Motion News Feed

On February 13, 2009, Judge Underhill of the U.S. District Court of Connecticut cited the work of Nathan Associates in granting plaintiffs’ motion for class certification of companies that purchased ethylene propylene diene monomer (EPDM) between January 1997 and December 2001.

EPDM is a synthetic rubber widely used in automobiles and roofing materials and a variety of household items including garden and appliance hoses, as well as plastic tubing. Annual domestic sales of EPDM approach $1 billion.

In July 2004, a class action complaint was filed in the U.S. District Court for the District of Connecticut, alleging that manufacturers of EPDM had engaged in a price fixing conspiracy to raise or otherwise stabilize the price EPDM sold in the United States in violation of U.S. antitrust laws. The complaint seeks to certify a class of domestic companies that purchased EPDM between January 1997 and December 2001.

The staff of Nathan Associates assisted Professor Martin Asher, Ph.D., of the Wharton School, in preparing expert reports filed in 2005 and early 2007 pertaining to class certification issues. In May and August of 2007, Nathan Associates’ John Beyer, Ph.D., submitted expert reports regarding impact and damages.

Citing the work of Professor Asher and Dr. Beyer, Judge Underhill granted plaintiffs’ motion for class certification.

Read the opinion here
(PDF, 45 pages).

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