This class action lawsuit alleges that E. I. DuPont Canada Company (DuPont) conspired with its distributors to enhance and maintain the prices of engineering resins sold to automotive parts manufacturers in Canada.  The alleged conspiracy is in breach of the Competition Act, a federal statute that prohibits price maintenance and conspiracies to enhance and maintain prices.

The lawsuit claims that DuPont has utilized a system, known as the Credit Upon Proof of Sale system, in order to enhance and maintain the price of engineering resins sold to moulders supplying the automotive industry.

On August 27, 2007 the Ontario Superior Court of Justice granted an order allowing the action to proceed as a class action in respect of this claim. The class consists of all purchasers in Canada between January 2000 and August 27, 2007 of engineering resins for an automotive application from DuPont or its authorized distributors, who were required by a customer to use a DuPont engineering resin in the automotive application.

DuPont sought permission to appeal this decision, and the plaintiff also sought permission to appeal in respect of part of the claim which is not certified. Leave to appeal was denied to both parties.

The class action is currently proceeding towards trial.

• May 16, 2008: DuPont sought permission to appeal this decision, and the plaintiff also sought permission to appeal in respect of part of the claim which is not certified. Leave to appeal was denied to both parties.
• August 27, 2007: The Ontario Superior Court of Justice granted an order allowing the action to proceed as a class action in respect of this claim. The class consists of all purchasers in Canada between January 2000 and August 27, 2007 of engineering resins for an automotive application from DuPont or its authorized distributors, who were required by a customer to use a DuPont engineering resin in the automotive application.

Notice to class

• Notice to class (Dec 4, 2007)

Pleadings

• Statement of claim (Jan 16, 2006)
• Statement of defence (Jun 12, 2006)
• Reply to statement of defence (Aug 25, 2006)

Court Decisions and Orders

• Reasons of Justice Kitely dismissing leave to appeal to Divisional Court (May 16, 2008)
• Certification order (Dec 4, 2007)
• Reasons of Justice Hoy granting certification (Aug 27, 2007)

More Information

• Class action update (May 21, 2008)
• Class action FAQ

David Sterns
t: 416.977.5333 x 313
f: 416.977.0717
e: dsterns@sotosllp.com

John Sotos
t: 416.977.5333 x 303
f: 416.977.0717
e: jsotos@sotosllp.com