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ANTITRUST
Flat Glass Antitrust
Chimicles & Tikellis LLP, along with its co-counsel, filed this class action that alleges that several of the world’s leading manufacturers of flat glass actively participated in an international conspiracy to fix, raise, maintain, and/or stabilize the prices of flat glass worldwide, including in the United States. Flat glass includes all unfabricated and fabricated glass products that are manufactured through the “float process.” The “float process” is the process of manufacturing flat glass by passing molten glass from a melting furnace to a bath in which a continuous ribbon of molten glass floats on a liquid of greater density than the glass, normally composed of molten tin, where it is polished under controlled temperatures and subsequently fed into an annealing oven, where it is gradually cooled.
According to the complaint, the defendants jointly participated in meetings in restaurants and hotels throughout Europe during which they discussed and agreed to the level and timing of price increases, target prices, minimum prices, and other commercial conditions for deliveries of flat glass. The complaint alleges that on February 25, 2005, the European Commission (“EC”) announced that it had raided the offices of several flat glass manufacturers in an effort to uncover evidence of a price fixing cartel. According to the complaint, in connection with its investigation, the EC issued a statement in which it announced that it “ha[d] reason to believe that the manufacturers concerned may have (amongst other things) coordinated price-increases and agreed on the introduction of a so called ‘energy surcharge’ in the area of flat glass.” The complaint further alleges that on March 14, 2007, the EC imposed fines totaling $723 million on defendants Guardian, Saint-Gobain, NSG/Pilkingron, and Asahi for their participation in a cartel in the flat glass market.
The case is pending in the Eastern District of Pennsylvania. The case seeks class action status on behalf of a class of all persons or entities who purchased flat glass in the United States directly from one or more of the defendants at any point between January 1, 2004 and December 31, 2005. Named as defendants in the complaint are Guardian Industries Corp.; Guardian Fabrication Inc.; Lake Guardian Walled Fabrication Corp.; Guardian Glass Company; Pilkington Group Limited; Pilkington North America Inc.; Pilkington Holdings Inc.; Libbey-Owens-Ford Co.; Pilkington plc; NSG UK Enterprises Limited; Nippon Sheet Glass Co.; Limited Compagnie de Saint-Gobain; Saint-Gobain Corporation; CertainTeed Corporation; Saint-Gobain Glass Corporation; Saint-Gobain Glass Exprover; North Asahi Glass Company Limited; AGC Flat Glass; AGC Flat Glass North America; AGC America, Inc. AGC Flat Glass Europe; AGC InterEdge Technologies, Inc.; and AMA Glass Corporation.
The complaint alleges that the defendants violated Section 1 of the Sherman Act. The antitrust class action seeks treble damages, injunctive relief, and attorney's fees and costs. The class action complaint can be viewed by clicking here.
For further information, you may contact:
Joseph G. Sauder (JosephSauder@chimicles.com), or
Benjamin F. Johns (BenJohns@chimicles.com)
Chimicles & Tikellis LLP
One Haverford Center
Haverford, PA 19041
1-866-399-2487
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