In re: PVC Pipe Antitrust Litigation - NCSP Settlement Class

Two new Settlements have been reached in a class action antitrust lawsuit filed on behalf of Non-Converter Seller Purchasers (“NCSPs”) of PVC Pipe and PVC Fittings (“PVC Pipe Systems”). First, NCSPs have reached a settlement with Defendants Atkore Inc., Atkore International, Inc., Atkore Plastic Pipe Corp., Atkore RMCP, Inc., and Allied Tube & Conduit Corporation and affiliated brands Heritage, Queen City Plastics, Rocky Mountain Colby Pipe, and Cor-Tek (“Atkore Defendants”). Second, NCSPs have reached a settlement with Defendants Otter Tail Corporation, Northern Pipe Products, Inc., and Vinyltech Corporation (“Northern Pipe and Vinyltech Defendants,” and collectively, "Northern Pipe and Vinyltech Defendants," and collectively with the Atkore Defendants, “Settling Defendants”). These Settlements only apply to Settling Defendants and do not dismiss claims against other Defendants in the case in the United States District Court for the Northern District of Illinois (the “Court”) entitled In re: PVC Pipe Antitrust Litigation, Case No. 1:24-cv-07639 (N.D. Ill.).

If approved by the Court, the Settlements will resolve whether and to what extent Settling Defendants participated in a combination or conspiracy to restrain trade, the purpose and effect of which was to suppress competition and to allow co-Defendant PVC Pipe System producers (“Non-Settling Defendants” or “Converter Defendants”) to charge supra-competitive prices for PVC Pipe Systems from January 1, 2020, through May 13, 2026, in violation of federal and state laws. If approved, the Settlements will avoid litigation costs and risks to NCSPs and Settling Defendants and will release Settling Defendants from liability to members of the NCSP Settlement Class (defined in paragraph 5, below).

The Settlements require the Atkore Defendants to pay $64,000,000 and the Northern Pipe and Vinyltech Defendants to pay $34,000,000 to the NCSP Class. In addition to this monetary payment, Settling Defendants have agreed to provide specified cooperation in the NCSPs’ continued prosecution of the Action. There will be no payments to the Settlement Classes at this time. You will be notified later of an opportunity to file a claim after the Court has approved a process to allocate funds recovered in the case.

The Court has not decided whether Settling Defendants did anything wrong, and Settling Defendants do not concede or admit any liability for alleged wrongdoing.

We recommend that you register at the case website, www.PVCantitrust.com, to receive updates—you may not receive further notices about this case unless you register. If you are uncertain about how to proceed, you should promptly contact the Settlement Administrator to discuss your options.

Your legal rights are affected whether you act or do not act. Your options are explained below. Please read this notice carefully. You have a choice to make now.