Frequently Asked Questions

A federal Court authorized this website because you have a right to know about the proposed Settlement of this class action (the “Litigation”) and about all of your options before the Court decides whether to grant final approval of the Settlement. This Notice explains the Litigation, the Settlement, what the Settlement provides, and your legal rights.
 

Judge W. Scott Hardy of the United States District Court for the Western District of Pennsylvania is overseeing this Litigation which is called In re: Diisocyanates Antitrust Litigation, Master Docket Misc. No. 18-1001, MDL No. 2862. The companies or entities that filed this Litigation are called the “Plaintiffs” and the companies they sued are called the “Defendants.” In this case, the Defendants are BASF Corporation, BASF SE, Covestro LLC, Dow Chemical Company, Huntsman Corporation, Huntsman International LLC, and Wanhua Chemical (America) Co., Ltd.
 
 

In this multi-district antitrust litigation, the Plaintiffs allege that, from January 1, 2016 through July 29, 2026, the Settling Defendants conspired with other chemical manufacturer Defendants to fix prices and restrict the supply of methylene diphenyl diisocyanate (MDI) and toluene diisocyanate (TDI) (the “Products”) resulting in higher prices for purchasers. The Products are industrial chemicals widely used in the production of polyurethanes for construction, automotive, furniture, and consumer goods. The Plaintiffs claim that the conspiracy included fixing, raising, maintaining, and/or stabilizing the price of the Products sold in or shipped to the United States through agreements to limit supply of MDI and TDI by planned manufacturing shutdowns at plants worldwide and implementing coordinated pricing increases, in violation of the Sherman Act, 15 U.S.C. § 1.
 

The Settling Defendants deny any liability and any wrongdoing. The Settlements avoid the risks and costs of continuing the Litigation.
 

In a class action, one or more individuals sue on behalf of other people or entities with similar claims. These individuals who sue are known as “class representatives” or, in this case, the Plaintiffs. Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who exclude themselves (sometimes called, “opting out”) from a settlement. 
 

In this Litigation, the Named Plaintiffs are Utah Foam Products, Inc., Rhino Linings Corporation, Tri-Iso Tryline LLC, and American Polymers Corp.

 

The Court did not decide in favor of the Plaintiffs or the Settling Defendants. The Settling Defendants deny all claims and contend that they have not violated any laws. The Plaintiffs and the Settling Defendants agreed to settle the Litigation to avoid the costs and risks of a trial. The Plaintiffs and their attorneys, who also represent Class Members as “Class Counsel,” think the Settlements are best for all Class Members.

All persons and entities in the United States, its territories, and/or the District of Columbia who purchased or received directly (including through controlled subsidiaries, agents, affiliates and/or joint ventures) the Products from any of (1) Defendants, Covestro AG, Wanhua Chemical Group Co., Ltd., Mitsui Chemicals, Inc., Mitsui Chemicals America, Inc., MCNS (a.k.a. Mitsui Chemicals & SKC Polyurethanes, Inc.) or MCNS Polyurethanes USA Inc., or (2) the subsidiaries, affiliates, or successors of any of the foregoing, at any time during the Class Period.

Yes, excluded from the Class are (1) the Defendants named in the Complaint and/or any complaint filed in the Class Actions, alleged co-conspirators, and any of their parents, subsidiaries or affiliates, (2) state and federal governmental entities, (3) all judicial officers presiding over this action and their immediate family members and staff, and any juror assigned to this action, and (4) any Class Members who timely and validly exclude themselves from the Class.

Under these Settlements, BASF has agreed to pay $2,900,000 and $100,000 towards the cost of providing notice to the Class, Covestro has agreed to pay $7,000,000, WCA has agreed to pay $7,750,000, Dow has agreed to pay $14,000,000, and Huntsman have agreed to pay $6,000,000 into a Fund for payments to Class Members, court-approved attorneys’ fees, costs, and expenses, and service awards.
 

Class Members may submit a Claim Form to receive a pro rata (proportional) share of the Fund after court-approved attorneys’ fees, costs, and expenses and service awards are deducted (the “Net Fund”). Payment amounts will be based on the court-approved Plan of Allocation and the amount of the Products purchased. “Products” means any and all kinds of methylene diphenyl diisocyanate (“MDI”) and toluene diisocyanate (“TDI”), no matter the trade name under which the purchased product was sold.

 

Unless you exclude yourself, you are staying in the Class. If the Settlements are approved and become final, all of the Court’s orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Settling Defendants and the certain released parties (the “Releasees”) for the claims made in this Litigation or released by the Settlement Agreements. The Release and Discharge section in each Settlement Agreement describes the legal claims that you give up if you remain in the Class. The Settlement Agreements can be found at Settlement Website.

You must submit a Claim Form or Purchase Audit Request Form by November 2, 2026 to receive a payment from the Settlements. Both forms may be submitted online at or mailed to the Settlement Administrator at: 

In re: Diisocyanates Antitrust Litigation
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
 

Each Class Member was sent a Class Notice and a Claim Form that included the amount(s) of the Products they purchased, if known, from the Defendants during the Class Period based on Defendants’ records. If you agree with the amount(s), no additional documentation is required. To receive a pro rata payment, simply complete, sign, and submit the Claim Form.

If you wish to amend and/or supplement the purchase amount(s) provided on your Claim Form, you must complete a Purchase Audit Request Form and provide supporting documentation (e.g., purchase orders, sales receipts, etc.). If you do not, your pro rata payment amount will be based on the amounts provided in the Notice according to the Defendants’ records. 
 

The easiest way to submit a Claim Form or amend your purchase amount(s) is online at Settlement Website using the Class ID number provided on the Class Notice you received. 

Please visit the Settlement Website or contact the Settlement Administrator to request a Claim Form, Purchase Audit Request Form, or your Class ID number. 
 

The short answer is – after the Settlements are “finally approved” and challenges, if any, to that approval are finally resolved. The Court is scheduled to hold a Fairness Hearing on December 7, 2026, at 1:00 p.m., to decide whether to approve the Settlements, how much attorneys’ fees, costs, and expenses (including fees, costs, and expenses of experts) to award to Class Counsel for representing the Class, and Service Award payments to the Class Representatives who brought this Litigation on behalf of the Class.
 

If the Court approves the Settlements, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. The Plan of Allocation will be implemented and payments distributed as soon as possible, if and when the Court grants final approval of the Settlements and after any appeals are resolved.
 

Yes, the Court appointed Megan E. Jones of Hausfeld LLP and Jason S. Hartley of Hartley LLP as Class Counsel. You will not be charged directly for these lawyers. They will receive compensation from the Fund, as approved by the Court. If you want to be represented by your own lawyer, you may hire one at your own expense.

It is not necessary for you to hire your own lawyer because Class Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court to approve attorneys’ fees, costs, and expenses, including fees, costs, and expenses of experts, of up to one-third of the Fund (the “Fee and Expense Award”), for representing the Plaintiffs and the Class in this Litigation. Class Counsel will also ask the Court to approve Service Awards for each of the Named Plaintiffs for their efforts in representing the Class.

If you want to keep the right to sue or continue to sue the Settling Defendants for the claims in this Litigation or released by the Settlement Agreements, you must take steps to get out of the Settlements. This is called excluding yourself or “opting out” of the Settlements.
 

To exclude yourself from the Settlements, you must submit a written request for exclusion that includes:

• A statement indicating that you want to be excluded from the Class, such as, “I hereby request to be excluded from the proposed Class in In re: Diisocyanates Antitrust Litigation, Master Docket Misc. No. 18-1001, MDL No. 2862”;

• Your name, company name, address, telephone number, and email address; and 

• Your signature.

Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than November 2, 2026.

In re: Diisocyanates Antitrust Litigation

c/o Kroll Settlement Administration LLC

ATTN: Request for Exclusion

P.O. Box 225391

New York, NY 10150-5391

If you submit a request for exclusion, you may revoke that request and remain in the Class by mailing a written revocation of your request for exclusion to the Settlement Administrator at the address above, provided that your written request for revocation is received no later than December 3, 2026.  
 

The Settling Defendants and Class Counsel may dispute requests for exclusion in accordance with the Notice Plan approved by the Court.
 

DIf you are a Class Member and you do not opt out, you can choose (but are not required) to object to one or both Settlements if you do not like it or a portion of it. Through an objection, you can give reasons why you think the Court should not approve the Settlements. You may also appear at the Fairness Hearing, either in person or through an attorney, at your own expense. Objections must be submitted in writing and must include: 

• The case name and number In re: Diisocyanates Antitrust Litigation, Master Docket Misc. No. 18-1001, MDL No. 2862; 

• Your name, address, telephone number, and email address and the name, address, and telephone number of your attorney (if any);

• A statement of whether you intend to appear at the Fairness Hearing, either personally or through an attorney; 

• Proof of membership in the Covestro Settlement Class;

• Indicate whether your objection pertains to the Settlement with BASF, Covestro, or both Settlements;

• The specific grounds for your objection and any reasons why you want to appear and be heard, as well as all documents or writings that you want the Court to consider; and

• Your signature.

Objections must be filed with the Court no later than November 2, 2026.

Joseph F. Weis, Jr. Courthouse
Clerk of the Court
700 Grant Street
Pittsburgh, PA 15219

A copy of your objection also must be mailed to Class Counsel, counsel for BASF Corporation, Counsel for Covestro LLC, and the Settlement Administrator at the addresses below, postmarked no later than Month XX, 2026.

Objecting is telling the Court that you do not like something about the Settlements. You can object to the Settlements only if you do not exclude yourself from them. Excluding yourself from the Settlements means telling the Court you do not want to be part of the Settlements. If you exclude yourself or opt out of the Settlements, you cannot object to them because the Settlements no longer affects you.

The Court is scheduled to hold a Fairness Hearing on December 7, 2026, at 1:00 p.m. ET, at 1:00 p.m. ET, at the United States District Court for the Western District of Pennsylvania, Joseph F. Weis, Jr. Courthouse, 700 Grant Street, Pittsburgh, PA 15219, to address any written objections from Class Members who included their intent to appear in their objection (see Question 15). The Court will also decide whether to approve the proposed Settlements as fair, reasonable, and adequate to the Class, the request for attorneys’ fees, costs, and expenses of up to one-third of the Fund and the Service Awards for each of the Named Plaintiffs. The date and time of this hearing may change without further notice. Please check Settlement Website for updates.

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense. If you file an objection, you may, but you do not have to come to the Fairness Hearing to talk about it. If you file your written objection on time and in accordance with the requirements above, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

If you are a Class Member and you do nothing, you will give up your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Settling Defendants and the Releasees, as defined in the Settlement Agreements, about the legal issues resolved by these Settlements. In addition, you will be bound by the Release and Discharge in the Settlement Agreements.

This notice summarizes the proposed Settlements. Complete details are provided in the Settlement Agreements and Plan of Allocation. The Settlement Agreements, Plan of Allocation, and other related documents are available at the Settlement Website.
 

If you have additional questions or need to update your address, you may contact the Settlement Administrator toll free at (833) 930-0157 or by mail at In re: Diisocyanates Antitrust Litigation, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391.