In re Hydrogen Peroxide Antitrust Litigation, MDL 1682.
| Decision Date | 16 June 2005 |
| Docket Number | No. MDL 1682.,MDL 1682. |
| Citation | 374 F.Supp.2d 1345 |
| Parties | In re HYDROGEN PEROXIDE ANTITRUST LITIGATION Diamond Chemical Co., Inc. v. Degussa Corp., et al., Finch Pruyn & Co., Inc. v. Atofina Chemicals, Inc., et al., |
| Court | Judicial Panel on Multidistrict Litigation |
This litigation currently consists of two actions pending, respectively, in the Northern District of California and the Eastern District of Pennsylvania.1 Before the Panel is a motion, pursuant to 28 U.S.C. § 1407, brought by plaintiff in the Eastern District of Pennsylvania action for coordinated or consolidated pretrial proceedings of the actions in that district. All responding parties agree that 1407 transfer is warranted, but divide their support between two suggested transferee districts. All responding defendants2 and plaintiffs in eleven potential tag-along actions across both districts support the Eastern District of Pennsylvania as transferee forum. Plaintiff in the Northern District of California action, and plaintiffs in seven potential tag-along actions pending there, propose that district as an appropriate transferee forum.
On the basis of the papers filed and hearing session held, the Panel finds that these two actions involve common questions of fact, and that centralization under Section 1407 in the Eastern District of Pennsylvania will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. Each of the actions now before the Panel is brought under the Sherman Act to recover for injuries sustained as a result of an alleged conspiracy engaged in by overlapping defendants to fix, raise, maintain, or stabilize prices for hydrogen peroxide and its downstream products sodium perborate and sodium percarbonate. Centralization under Section 1407 is thus necessary in order to eliminate duplicative discovery; prevent inconsistent pretrial rulings, including those with respect to class certification; and conserve the resources of the parties, their counsel and the judiciary.
We acknowledge the federal grand jury proceedings in the Northern District of California; however, on balance, we are persuaded that the Eastern District of Pennsylvania is a preferable transferee forum for this litigation. The Eastern District of...
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In re Hydrogen Peroxide Antitrust Litigation
...United States District Court for the Eastern District of Pennsylvania, which consolidated the cases. See In re Hydrogen Peroxide Antitrust Litig., 374 F.Supp.2d 1345 (J.P.M.L.2005). The consolidated amended complaint alleged that during an eleven-year class period (January 1, 1994—January 5......
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In re Hydrogen Peroxide Antitrust Litigation
...the Judicial Panel on Multidistrict Litigation transferred every cognate federal action to us. See In re Hydrogen Peroxide Antitrust Litig., 374 F.Supp.2d 1345 (Jud.Pan.Mult.Lit.2005). We consolidated these cases and then divided them into two actions, one for direct purchasers, the other f......
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Table of Cases
...165 F.3d 1084 (7th Cir. 1999), 35 Hyde & Drath v. Baker, 24 F.3d 1162 (9th Cir. 1994), 197 Hydrogen Peroxide Antitrust Litig., In re , 374 F. Supp. 2d 1345 (J.P.M.L. 2005), 167 Hypodermic Prods. Antitrust Litig., In re , 408 F. Supp. 2d 1356 (J.P.M.L. 2006), 170 I IBM Peripherals EDP Device......
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Private Antitrust Suits
...of New York, where the actions shared factual allegations against a common defendant); In re Hydrogen Peroxide Antitrust Litig., 374 F. Supp. 2d 1345, 1346 (J.P.M.L. 2005) (transferring two actions filed in different districts, where actions involved common questions of fact). 645. In re Co......
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Strategic Considerations For Multidistrict Litigation
...re Indus. Wine Contracts Sec. Litig., 386 F. Supp. 909, 911 (J.P.M.L. 1975). 10. See, e.g. , In re Hydrogen Peroxide Antitrust Litig., 374 F. Supp. 2d 1345, 1346 (J.P.M.L. 2005). 168 Antitrust Discovery Handbook litigation, will be in the best position to design a pretrial program that will......