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Pending:
Funds Distributed
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02/13/2009:
Notice of Proposed Settlement mailed
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Pending:
Funds Distributed
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Settlement Agreement
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Order Granting Preliminary Approval
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Settlement Notice
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Notice of Choline Chloride Settlement w/ Mitsui & Co.
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Choline Chloride Settlement w/ Chinook Group
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Second Notice re Vitamin Products and Choline Chloride Purchasers
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Notice of Vitamins Products Class Determination & Settlement w/ Merck
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UCB Settlement Class Notice
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AKZO Settlement Class Notice
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Settlement Agreement
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Are Claims subject to an audit?
Yes, in an Antitrust Class Action it is the responsibility of each claimant to file a claim that is based and supported on information that is verifiable by various documents (in most cases, invoices), which prove the purchase (in some cases, sales) of the product that is the subject of the lawsuit. The Claims Administrator may verify or audit all or a portion of your Claim Form. The Administrator may ask for all or a portion of the supporting documentation for your claim. If the Administrator disagrees with the amounts on your transaction schedule, he will send you a letter stating the disagreement. If the Administrator cannot resolve the disagreement, it may be brought before the Court for resolution, if necessary. If the Claim Form does not require you to provide documentation when filing the claim and the Administrator selects your claim for audit, you will be sent an Audit Notification letter requesting specific information and documentation regarding your claim. Failure to provide any such requested information might delay, adversely affect or result in denial of your claim.
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Do I need to submit documentation with my claim?
As specified in the Notice and Claim Form, you are directed to keep the documents you relied upon in filling out the Claim Form and either submit them with the completed Claim Form, or retain them for possible future audit.
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What is included on the Claim Form?
You are eligible to submit a Claim Form seeking to share in the distribution of Settlement Funds only if you are a member of the class (as described in the Notice) and you have not excluded yourself. Generally, a Claim Form contains several sections, including: the identity of the class member claimant, the contact person, other trade names and years used, purchases (or sometimes sales) made on behalf of another entity, other locations (including affiliates and subsidiaries), a schedule of class purchases, a description of proof of purchases, exclusions from settlement(s), a certification, and a Substitute Form W-9. All must be completed, as applicable, and returned to the Administrator. All requested information must be clearly hand-printed or type-written. The Schedule of Class Transactions should be completed with the amounts, dates and specifics of your claimed purchases of the subject product during the specific Class Period. The Certification contains statements that you must certify as true. The Certification must be signed by a duly authorized officer or agent of the claimant. The Substitute Form W-9 requires the submission of your federal Taxpayer Identification Number (TIN). The information in the Identity of Claimant and Contact Person sections will be used by the Administrator to communicate with you regarding any issues with the Claim Form or Settlement distribution.
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What if I received more than one Claim Form?
You may receive more than one Claim Form, especially if you used more than one billing address, delivery address or trade name. Whether or not you receive more than one Claim Form, you should complete only one Claim Form and list all applicable trade names and addresses. Each corporation, trust or other business entity making a claim must submit its claim on a separate claim form. If you purchased the subject product for more than one entity or at more than one location, you should complete only one claim form for each corporation, trust or other business entity making a claim. List all applicable names and addresses for each entity or location for which you are filing a claim.
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Can I estimate my purchases?
In some antitrust class action settlements, it is permissible to file a claim using estimates. In those cases, when records are not available, you may submit purchase information based on estimates, but your estimates may be accepted or rejected. If you submit your purchase information based on estimates, you must provide an adequate explanation as to why documents are not available to you, the steps taken to locate the information, and why the estimation is reasonable. In the explanation of how you calculated the estimated purchases, you must identify the documents you used as a basis for your estimates. Estimations may be based on extrapolation from similar circumstances in the same year (for which you have documentation) or extrapolation from the same or nearly the same circumstances in other years (for which you have documentation). For example, if you do not have records allowing you to calculate your purchases in 2008, you may calculate those purchases by using available records, dated as close as possible (e.g., 2007 or 2009). If you are using purchase data and trends to estimate your purchases, you must explain in detail your calculations and retain the documentation used for your calculation until the conclusion of the litigation. It is important that you identify all the records upon which you relied for estimates. The acceptance or rejection of your claim may depend on the type and quality of the information upon which you relied and the methodology you used making your estimates.
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.