Plaintiffs allege that Bayer, Covestro, BASF, Dow, Huntsman, Wanhua, and Mitsui conspired to inflate the prices of MDI and TDI in the United States through coordinated tightening of production and lockstep price increases from at least January 1, 2016 through the present. MDI and TDI are precursor ingredients for the polyurethane foams and thermoplastic polyurethanes that are used to make foam mattresses, car seats, refrigerator insulation, and other common products.
After public disclosure of a Department of Justice investigation into the same conduct, Hausfeld filed a complaint in the Western District of Pennsylvania in June 2018. Eleven other actions based on similar allegations followed, and in October 2018 the Judicial Panel on Multidistrict Litigation established an MDL and transferred the consolidated cases to Judge Donetta Ambrose in the Western District of Pennsylvania.
In November 2018, Judge Ambrose appointed Hausfeld’s Megan E. Jones as interim co-lead counsel for the class. Plaintiffs filed a consolidated amended class action complaint in February 2019.