DIPF Direct Purchaser Settlement
www.DIPFDirectSettlement.com

Overview of Class Action Settlement

There are two partial Proposed Settlements, a SIGMA Settlement and a Star Settlement, totaling $8,528,750, 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. The Proposed Settlements are partial because there is a defendant remaining in the case, and the litigation is continuing as to that defendant.

Plaintiffs claim that, from at least as early as January 11, 2008, through at least as late as June 30, 2011, defendants engaged in a conspiracy to fix prices for DIPF in the United States in violation of the antitrust laws. Plaintiffs also claim that, from at least as early as September 17, 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. Defendants deny all plaintiffs’ claims and have 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 SIGMA Settlement only, there are two classes:

  1. All persons or entities in the United States that purchased DIPF directly from any defendant at any time from January 11, 2008, through June 30, 2011; and
  2. All persons or entities in the United States that purchased Domestic DIPF directly from McWane or SIGMA at any time from September 17, 2009, through December 31, 2013.

For purposes of the Star Settlement only, there is one class:

All persons or entities in the United States that purchased DIPF directly from any defendant at any time from January 11, 2008, through June 30, 2011.

Excluded from the SIGMA and Star 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.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
DO NOTHING You do not have to take any action to remain part of the Settlement Classes. (See FAQ 22)
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 Settlements.
GO TO THE COURT’S HEARING Ask the Court for permission to speak about the fairness of the SIGMA and Star Settlements, the Plan of Allocation, or the Request for Expenses. (See FAQ 21)
OBJECT Write to the Court about why you don’t like the SIGMA or Star Settlements, the Plan of Allocation, or the Request for Expenses. (See FAQ 17)
EXCLUDE YOURSELF Get no payment from the SIGMA and Star Settlements. (See FAQ 12)