CASE BACKGROUND
This case involves the price fixing of PVC municipal water pipes manufactured, produced, or distributed by defendants in violation of the Sherman and Clayton Acts and the antitrust laws of several states.
PVC is an acronym for polyvinyl chloride, a polymer of plastic. PVC municipal water pipes are commodity products that carry municipal water supply from reservoirs, lakes, or rivers to treatment facilities, and from there to water mains that distribute water throughout a community. PVC pipes are also used in stormwater, sewage, and wastewater collection systems. Defendants control approximately 90% of the U.S. wholesale market for PVC municipal water pipes. The U.S. PVC pipe market was approximately $3.3 billion in 2022.
Plaintiff Northern Moraine Wastewater Reclamation District alleges defendants, PVC pipe manufacturers, conspired to fix, raise, maintain, and stabilize the price of PVC municipal water pipes in the United States from January 1, 2021, to the present. Defendants did so by communicating through a co-conspirator, an information-exchange firm called OPIS. OPIS enabled defendants to discuss and agree on their pricing activities and to gain access to standardized pricing data from their competitors to enforce their agreements, all to extract monopoly profits from their customers by fixing and maintaining PVC pipe prices. Defendants’ anticompetitive actions artificially inflated the price of PVC pipes, damaging plaintiff and the class of indirect purchasers of PVC municipal water pipes..