Subj: GMW: Bayer agrees to $18 million settlement in price-fixing case
Date: 10/19/2006 7:57:53 AM Central Standard Time
From: [log in to unmask] (GM WATCH)
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GM WATCH daily
http://www.gmwatch.org
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GM WATCH COMMENT: Sometimes the nature of the companies promoting GMOs - and
providing the data that's relied upon in approving them - is borne in on us in
unambiguous terms.
In 2002 Monsanto was found guilty by an Alabama court of behaviour "so
outrageous in character and extreme in degree as to go beyond all possible bounds of
decency so as to be regarded as atrocious and utterly intolerable in
civilized society."
http://www.gmwatch.org/archive2.asp?arcid=3698
In 2005 it was announced that Monsanto had to pay $1.5m in penalties as the
result of a bribes scandal in Indonesia in which it sought to bypass controls
on the screening of GM crops.
http://www.gmwatch.org/p1temp.asp?pid=58&page=1
Below Bayer has been caught out over conspiring with other manufacturers to
inflate prices for certain plastics. The $18m settlement is the second
multi-million-dollar settlement Bayer has had to make this year. The earlier case
required a settlement of $55.3m.
And these are just the latest price-fixing conspiracies Bayer's been caught
up in - see the list of recent cases below.
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Bayer agrees to $18 million settlement in price-fixing case
The Associated Press, October 18, 2006
Bayer AG has agreed to pay $18 million ([Euros]14.3 million) to settle claims
it conspired with other manufacturers to inflate the price of certain
plastics, the second multi-million-dollar settlement the company has made this year
regarding its polymer operation. On Tuesday, U.S. District Judge John Lungstrum
in Kansas City, Kansas, approved the settlement, which covers the company's
sales of polyester polyol-based products between Jan. 1, 1998 and Dec. 31,
2004.
The agreement also requires Bayer, headquartered in Germany, to cooperate
with plaintiff attorneys as they continue their class-action lawsuit against
former co-defendants Uniroyal Chemical Co. and Chemtura Corp., formerly known as
Crompton Corp. Lungstrum also agreed to dismiss defendants Rhein Chemie Corp.
and Rhein Chemie Rheinau GmbH, subsidiaries of Lanxess Corp., which was spun
off from Bayer last year.
In August, Lungstrum approved a $55.3 million ([Euro]44 million) settlement
by Bayer in a separate case involving the sale of polyether polyol. Bayer also
agreed to help attorneys against former co-defendants BASF Corp., BASF AG, The
Dow Chemical Co., Huntsman International Holdings LLC and Lyondell Chemical
Co.
A Bayer spokesman provided a company statement Wednesday confirming the two
settlements but declined to comment further. An attorney for the polyester
plaintiffs didn't immediately return a phone call for comment.
Bayer disclosed in March that it had been subpoenaed by the Justice
Department seeking information about its manufacture and sale of polyurethane products
called MDI and TDI, along with other products.
Court documents say Bayer, Dow, BASF, Huntsman and Lyondell control the
entire MDI and TDI markets and 75 percent of production of polyether polyol, a
polyurethane material that is mixed with other substances to make foams used in
furniture, automobile seats and other products.
Federal authorities two years ago consolidated 16 cases filed across the
country against polymer manufacturers by customers who alleged the companies had
gotten together to fix the price of urethane and urethane chemicals.
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