The lawsuit claims that the Defendants unlawfully agreed to fix, raise, maintain, and stabilize the prices of Choline Chloride. The lawsuit claims that as a result, purchasers paid more for Choline Chloride than they otherwise would have paid.
After a trial in 2003, a jury found that DCV, Inc. and DuCoa L.P., as well as Mitsui & Co., Ltd. and Mitsui & Co. (U.S.A.), knowingly participated in an illegal conspiracy. The jury awarded damages of $49,539,234, which were tripled to $148,647,702. After the trial, Mitsui and its subsidiary Bioproducts Inc. paid money in a settlement. All of the other Defendants - BASF, Akzo Nobel, UCB, and Chinook - also settled with the Class.
The Court subtracted the settlement amounts paid by the other Defendants as well as $236,816.08 paid by DCV and DuCoa and ordered DCV and DuCoa to pay the remaining amount of $70,910,886.92, plus interest from June 20, 2003.
Under the proposed Settlement, DCV, Inc. and DuCoa LP will transfer essentially all of their assets to purchasers of Choline Chloride. The main assets are money owed to DCV by another company, Arkion Life Sciences, LLC, and a portion of Arkion owned by DCV. If the proposed Settlement is approved, lawyers for the Class will attempt to recover money from these assets and distribute money to Class Members.