Frequently Asked Questions

This class action is called In re: PVC Pipe Antitrust Litigation, Case No. 1:24-cv-07639, and is pending in the United States District Court for the Northern District of Illinois. Judge LaShonda A. Hunt is overseeing this class action. Non-Converter Seller Purchaser Plaintiffs allege that OPIS, Converter Defendants, and their co-conspirators conspired and combined to fix, raise, maintain, and stabilize the price of PVC Pipe from January 1, 2021, to May 16, 2025, with the intent and expected result of increasing prices of PVC Pipe sold in the United States and its territories, in violation of federal antitrust laws and various state antitrust and consumer protection laws.

The Converter Defendants named in the NCSP Plaintiffs’ First Consolidated Class Action Complaint are producers of PVC Pipe in the United States. OPIS published a newsletter through which it is alleged the Converter Defendants and their co-conspirators fixed the prices of the PVC they manufactured and/or sold. NCSP Plaintiffs have reached a Settlement with OPIS. However, NCSP Plaintiffs’ case is still proceeding against the Converter Defendants. The Converter Defendants may be subject to separate settlements, judgments, and class certification orders. If applicable, you will receive a separate notice regarding the progress of the litigation and any resolution of claims against the other Defendants.

Please register here to receive updates regarding the progress of the litigation, the Settlement, and any resolution of claims against the Non-Settling Defendants. This case website will be updated as circumstances change, so check back regularly for updates.

OPIS has not conceded or admitted any allegations of wrongdoing in this lawsuit and would allege numerous defenses to Plaintiffs’ claims if the case against it were to proceed. 

In a class action lawsuit, one or more people or businesses called class representatives sue on behalf of others who have similar claims, all of whom together are a “class.” Individual class members do not have to file a lawsuit to participate in the class action settlement or be bound by the judgment in the class action. One court resolves the issues for everyone in the class, except for those who exclude themselves from the class. The class representatives for NCSPs in this case are Plaintiffs: George Bavolak, Delta Line Construction Co., TC Construction, Inc., and Blake Wrobbel.

The Court did not decide in favor of NCSP Plaintiffs or OPIS. NCSP Plaintiffs believe they may have won at trial and possibly obtained a greater recovery. OPIS believes NCSP Plaintiffs may not have succeeded at class certification or won at a trial. But litigation involves risks to both sides, and therefore NCSP Plaintiffs and OPIS have agreed to the Settlement. The Settlement requires OPIS to pay money, as well as provide specified cooperation in the NCSP Plaintiffs’ continued prosecution of the litigation. NCSP Plaintiffs and their attorneys believe the Settlement is in the best interests of all NCSP Settlement Class members.

You may have received other communications regarding this lawsuit, including solicitations by other attorneys seeking to represent you as a plaintiff in an individual (or “direct action”) lawsuit against Defendants. These communications were not approved by the Court for the NCSP Class and did not come from Court-appointed NCSP Settlement Class Counsel. You should carefully review this Notice and your rights as a potential member of the NCSP Settlement Class before deciding whether to opt out or stay in the NCSP Settlement Class. The End User Class, referenced above, will also be sending out a separate notice to potential End User Class members concerning this Settlement. In addition, there is another class, the Direct Purchaser Plaintiff (“DPP”) Class, that represents those who purchased PVC Pipe directly from Converter Defendants. The DPP Class has also reached a settlement with OPIS and will also be sending out notice to potential DPP Class members.

The Court decided that, for Settlement purposes, members of the NCSP Settlement Class are defined as:

All entities and persons who purchased PVC Pipe in the United States between January 1, 2021 through May 16, 2025 (1) directly from a seller that bought the PVC Pipe from a Converter Defendant that was (2) manufactured by a Converter Defendant.

Specifically excluded from the NCSP Class are (1) all public water systems, public wastewater systems, and suppliers of public energy or electricity, (2) Defendants; the officers, directors, or employees of any Defendant; any entity in which any Defendant has a controlling interest; and any affiliate, legal representative, heir, or assign of any Defendant, (3) any federal government entity, (4) any judicial officer presiding over this action and the members of his/her immediate family and judicial staff, any juror assigned to this action, any business majority-owned by any such person, and (5) any Co-Conspirator identified In this Action.

Also excluded from the NCSP Settlement Class is anyone who files a timely and valid exclusion request. Before any funds will be disbursed, the Court will have to approve a plan of allocation between the NCSP Class and End User Class. After the Court’s initial approval of that plan of allocation, you will receive further notice and an opportunity to object to that plan of allocation.

While this Settlement is only with OPIS at this time, the NCSP Settlement Class includes all entities and persons who purchased PVC Pipe in the United States between January 1, 2021 through May 16, 2025 (1) directly from a seller that bought the PVC Pipe from a Converter Defendant that was (2) manufactured by a Converter Defendant, but not if those purchasers are public water, waste, or electricity providers, or certain other Defendant-affiliated, federal government-affiliated, or Court-affiliated entities as noted above. If you are a member of the NCSP Settlement Class and do not exclude yourself, you may be eligible to participate in (or exclude yourself from) any additional settlements which may arise with any other Defendants in the case. You may be a member of more than one class in this case. If so, you need to evaluate your participation and choices with respect to participation in each class separately.
 

For purposes of the Settlement, “PVC Pipe” means polyvinyl chloride pipe, and pipe converted into fittings for such pipe. “PVC Pipe” includes polyvinyl chloride pipe used in municipal drinking and wastewater, plumbing, or electrical conduit applications.

Yes. As noted in Paragraph 5 above, specifically excluded from the NCSP Settlement Class are (1) all public water systems, public wastewater systems, and suppliers of public energy or electricity, (2) any Defendants and their parent or subsidiary companies, (3) any federal government entity, (4) the Court and its personnel, and (5) and any distributor named as a co-conspirator in NCSPs’ Complaint (Core & Main, Ferguson Enterprises, and Fortiline Waterworks). Also excluded from the NCSP Settlement Class is anyone who files a timely and valid exclusion request. 

If you are in one of these categories, you are not a member of the NCSP Settlement Class and are not eligible to participate in the Settlement as a NCSP Settlement Class member. However, if you are a public water system, public wastewater system, or a supplier of public energy or electricity, you may be eligible to participate in the Settlement as a member of the End User Settlement Class. The separate notices sent by the End User Settlement Class concerning this Settlement will inform you of your eligibility to participate in the Settlement as a member of the End User Settlement Class.

If you are still not sure if you are included, please review the detailed information contained in the Settlement Agreement available here, or call the Settlement Administrator toll-free at +1 (833) 890-9261.

If the Settlement is approved, OPIS will pay $3,000,000 to resolve all of the NCSP Class and End User Class members’ claims against OPIS for the Released Claims (as defined in the Settlement Agreement). In addition to this monetary benefit, OPIS has also agreed to provide specified cooperation in the NCSP Plaintiffs’ continued prosecution of the litigation. OPIS has also agreed that for a period of two (2) years after this Settlement is approved by the Court, it will not engage in conduct that is determined in a final non-appealable judgment to constitute a per se violation of Section 1 of the Sherman Act in the PVC Pipe Market. The Settlement Agreement is available here.

No money will be distributed at this time. NCSP Settlement Class Counsel will continue to pursue the lawsuit against the Non-Settling Defendants. At a later time, NCSP Settlement Class Counsel will request that the Court approve a plan of allocation, award attorneys’ fees, permit the reimbursement of certain litigation costs and expenses, and award service awards for the class representatives. You will receive further notice and an opportunity to make a claim or object to these requests. See Question 20 for more information regarding NCSP Settlement Class Counsel’s attorneys’ fees, costs, and expenses. All Settlement funds that remain after payment of the Court ordered attorneys’ fees, expenses, and service awards will be distributed at the conclusion of the lawsuit or as ordered by the Court.

Unless you exclude yourself, you are staying in the Settlement Class, which means that you cannot sue, continue to sue, or be part of any other lawsuit against OPIS that pertains to the Released Claims (as defined in the Settlement Agreement).

It also means that all of the Court’s orders will apply to you and legally bind you. The Released Claims are detailed in the Settlement Agreement available at here.

You are not releasing your claims against any Defendant other than OPIS by staying in the Settlement Class.

The Settlement Agreement in paragraphs 15 and 16 (titled “Settlement Release”) describes these “Released Claims” and the “Released Parties” in necessary legal terminology, so read these sections carefully. The Settlement Agreement, along with any addenda thereto, is available here or in the public court records on file in this lawsuit. For questions regarding the Releases or what they mean, you can also contact one of the lawyers listed in Question 17 for free, or you can talk to your own lawyer at your own expense.

If you do nothing, you will remain a member of the NCSP Settlement Class and participate in this Settlement if you submit a valid claim form, if required, when that option is available at a later date. You will also have the opportunity to participate in (or exclude yourself from) any future settlements or judgments obtained by NCSP Plaintiffs against other Defendants in the case, and you will also have an opportunity to object to the plan of allocation and requests for attorneys’ fees, reimbursement of expenses, and service awards. 

If you do not want the benefits offered by the Settlement and you do not want to be legally bound by the terms of the Settlement, or if you wish to pursue your own separate lawsuit against OPIS, you must exclude yourself by submitting a written request to the Settlement Administrator (see address below) by April 9, 2025 stating your intent to exclude yourself from the Settlement Class (an “Exclusion Request”). Your Exclusion Request must include the following:

If You are an individual:

1. Your full name, current mailing address, email address, and telephone number
2. A statement that you wish to be excluded from the Settlement Class;
3. Your signature;
4. Documents sufficient to show proof of Your membership in the Settlement Class (e.g., receipts showing purchase of PVC Pipe) during the Class Period.

If You are a business:

1. Your company’s full name, current mailing address, email address, and telephone number; 
2. A statement that you wish to be excluded from the Settlement Class;
3. A signature from an authorized representative of Your business along with a statement of that person’s position or authority by which he or she has the power to exclude the entity from the Settlement Class; and
4. Documents sufficient to show proof of Your membership in the Settlement Class (e.g., receipts showing purchase of PVC Pipe) during the Class Period.

If Your Exclusion Request includes an Assignment from another business or person, then in addition to the above information, your Exclusion Request must: 

1. Identify the name of the assignor and the assignee;
2. Provide a copy of the signed assignment agreement; and
3. the total value of PVC Pipe purchases during the Settlement Class Period from each Defendant or alleged co-conspirator that is subject to the assignment. 

You must mail your Exclusion Request, postmarked no later than April 9, 2025, to:

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

No. If you exclude yourself, you are telling the Court that you do not want to be part of the NCSPs’ Settlement with OPIS. You can only get Settlement benefits from the Settlement with OPIS if you stay in the Settlement and submit a valid claim form when that option is available at a later date.

No. Unless you exclude yourself, you give up the right to sue OPIS for the NCSP claims that the Settlement resolves. If you have a pending lawsuit against OPIS, speak to your lawyer in that lawsuit immediately to determine whether you must exclude yourself from this NSCP Settlement Class to continue your own lawsuit against OPIS.

By staying in the lawsuit, you are not releasing your claims in this case against any Defendant other than the OPIS.

If you are a member of the NCSP Settlement Class and have not excluded yourself from the Settlement, you can object to the Settlement if you do not like part or all of it. The Court will consider your views.

To object, you must send a letter or other written statement saying that you object to the Settlement with OPIS in In re: PVC Pipe Antitrust Litigation, Case No. 1:24-cv-07639 and the reasons why you object to the Settlement. If you wish to appear in person to be heard or object to the Settlement Agreement, you must submit an appropriate and timely request to appear. Be sure to include your full name, current mailing address, and email address. Your objection must be signed. You may include or attach any documents that you would like the Court to consider. Do not send your written objection to the Court or the judge. Instead, mail the objection to the Settlement Administrator, NCSP Settlement Class Counsel, and counsel for OPIS at the addresses listed below. Your objection must be postmarked by April 9, 2026. 
 

Objecting is telling the Court that you do not like something about the Settlement. You can object only if you do not exclude yourself from the NCSP Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the NCSP Settlement Class. If you exclude yourself, you cannot object because the Settlement no longer affects you.

Yes, the Court has appointed the lawyers identified as NCSP Settlement Class Counsel in Question 17 to represent the NCSP Settlement Class. If you wish to remain a member of the NCSP Settlement Class, you do not need to hire your own lawyer because NCSP Settlement Class Counsel is working on your behalf. If you wish to pursue your own case separate from this one, or if you exclude yourself from the NCSP Settlement Class, these lawyers will no longer represent you. You will need to hire your own lawyer if you wish to pursue your own lawsuit against OPIS.

NCSP Settlement Class Counsel intend to ask the Court at a later date for attorneys’ fees of up to one-third of the Settlement Fund (including on accrued interest) in connection with this and potential future settlements based on their services in this Action, but NCSP Settlement Class Counsel do not intend to request an award of attorneys’ fees at this time. NCSP Settlement Class Counsel will also later request reimbursement of litigation expenses and costs as well as service awards for the class representatives. Any payment to the attorneys or class representatives will be subject to Court approval, and the Court may award less than the requested amount. Any attorneys’ fees, costs, expenses, and service awards that the Court orders, plus the costs to administer the Settlement, will come out of the Settlement Fund. 

NCSP Settlement Class Counsel may seek additional attorneys’ fees, costs, expenses, and service awards from any other settlements or recoveries obtained in the future. When NCSP Settlement Class Counsels’ motion for fees, costs, expenses, and service award is filed, it will be available on this website here. You will have an opportunity to comment on or object to such requests at a later time. 

The Court will hold a hearing to decide whether to approve the Settlement (the “Fairness Hearing”). You may attend and you may ask to speak, but you do not have to. The Court will hold a Fairness Hearing on June 3, 2026, at 10:00 a.m. Central. The Fairness Hearing will take place in person at the Everett McKinley Dirksen Federal Courthouse, 219 South Dearborn, Chicago, Illinois 60604. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to class members who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The Court may also move the Fairness Hearing to a later date or make it a video/telephonic-only conference without providing additional notice to the Class. Updates will be posted to this Settlement website regarding any changes to the hearing date.

No. NCSP Settlement Class Counsel will answer any questions the Court may have. However, you are welcome to attend. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

Yes. You may ask to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in In re: PVC Pipe Antitrust Litigation, Case No. 1:24-cv-07639 (N.D. Ill.).” Be sure to include your name, current mailing address, telephone number, and signature. 

Your Notice of Intention to Appear must be postmarked by April 9, 2026, and it must be sent to the Clerk of the Court, NCSP Settlement Class Counsel, and counsel for OPIS. 

The address for the Clerk of the Court is:

      United States District Court for the Northern District of Illinois 
      Eastern Division 
      Dirksen U.S. Courthouse 
      219 S. Dearborn Street 
      Chicago, IL 60604

The addresses for NCSP Settlement Class Counsel and counsel for OPIS are provided in Question 17. You cannot ask to speak at the hearing as a member of the NCSP Settlement Class if you excluded yourself from the NCSP Settlement Class.

This Notice contains a summary of relevant Court papers. You can review relevant decisions and orders and additional information about this Action on this case website. You may also contact the Settlement Administrator for more information or to update your address by mail, email, or phone using the following contact information:
 

In re PVC Antitrust Litigation 
c/o Kroll Settlement Administration LLC 
P.O. 225391
New York, NY 10150-5391
Email: [email protected]
+1 (833) 890-9261
 

PLEASE DO NOT CONTACT THE COURT, OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS CASE.