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 Action. End-User Class Plaintiffs allege that Converter Defendants, Defendant Oil Price Information Service, LLC (“OPIS”) and their co-conspirators conspired and combined to fix, raise, maintain, and stabilize the price of PVC Pipe Products since at least September 1, 2017, with the intent and expected result of increasing prices of PVC Pipe (i.e., PVC municipal pipe, which includes PVC municipal drinking water pipe and PVC municipal sewer pipe, PVC plumbing or Drain, Waste, Vent pipe, and electrical conduit 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 (Atkore Inc.; Cantex, Inc.; Diamond Plastics Corporation; IPEX USA LLC; PipeLife Jetstream, Inc.; J-M Manufacturing Company, Inc. d/b/a JM Eagle; National Pipe & Plastics, Inc.; Northern Pipe Products, Inc.; Otter Tail Corporation; Prime Conduit, Inc.; Sanderson Pipe Corporation; Southern Pipe, Inc.; Westlake Corporation; Westlake Pipe & Fittings Corporation; and Vinyltech Corporation) are producers of PVC Pipe Products in the United States. Defendant OPIS published a newsletter through which the Converter Defendants and their co-conspirators allegedly fixed the prices of the PVC they manufactured and/or sold. The End-User Class has reached a settlement with OPIS and now with Atkore and Northern Pipe and Vinyltech. However, the End-User Class case is still proceeding against the Non-Settling Defendants. The Non-Settling 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.
 

The Settling Defendants have not conceded or admitted any allegations of wrongdoing in this lawsuit and would allege numerous defenses to End-User Class Plaintiffs’ claims if the case against it were to proceed.

In a class action lawsuit, one or more people or businesses called plaintiffs 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 plaintiffs in this case are End-User Class.

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

There are three Classes in the Action: the End-User Class, the Non-Converter Seller Purchaser (“NCSP”) Class, and the Direct Purchaser Plaintiff (“DPP”) Class. Each of the three Classes has previously sent out separate notices concerning the settlements with Defendant OPIS, which were approved by the Court. The DPP and NCSP Classes have also reached settlements with Atkore and Northern Pipe and Vinyltech and have sent out their own notices to potential class members. You may be a member of more than one of the classes.

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

All purchasers of PVC Pipe Products in the United States and territories during the period September 1, 2017, through June 10, 2026, who fall into any of the following categories: (1) All public water systems that purchased PVC Pipe Products for end-use, including in connection with the treatment or supply of water; (2) All public wastewater systems that purchased PVC Pipe Products for end-use, including for the collection, disposal or treatment of wastewater; (3) All suppliers of public energy or electricity that purchased PVC Pipe Products for end-use, including in connection with the supply of electricity for public consumption; and (4) All purchasers of PVC Pipe Products, who purchased from a seller that purchased the product indirectly from any of the Converter Defendants (or from any of the Converter Defendants’ parents, predecessors, subsidiaries, or Affiliates).
 

While these Settlements are only with Atkore and Northern Pipe and Vinyltech, the End-User Settlement Class includes all purchasers of PVC Pipe Products (as defined in FAQ 6) who fall within the End-User Settlement Class definition set forth above. 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 Settlements, “PVC Pipe Products” consist of all pipe and fittings products made in whole or in part with polyvinyl chloride (“PVC”), including: (1) all PVC products described in the Complaint available on the Documents page of this case website; (2) PVC municipal pipe, which encompasses PVC municipal drinking water pipe and PVC municipal sewer pipe; (3) PVC plumbing pipe, which is primarily used for household and commercial plumbing; and (4) PVC conduit, which is used as electrical conduit pipe.

Yes. As noted in FAQ 5, specifically excluded from the End-User Settlement Class are: (1) 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; (2) any federal government entity; and (3) any judicial officer presiding over this Action and the members of his/her immediate family and judicial staff, any juror assigned to this Action, and any business majority-owned by any such person.

If you are in one of these categories, you are not a member of the End-User Settlement Class and are not eligible to participate in the Settlements as an End-User Settlement Class member. However, you may be eligible to participate in Settlements as a member of the DPP or NCSP Class. If you are eligible, you may receive separate notices sent by the other Classes concerning your eligibility and how to participate in those settlements.

If you are still not sure if you are included, please review the detailed information contained in the Settlement Agreements available on the Documents page of this case website, or you may call the Settlement Administrator toll-free (833) 621-8556, by email [email protected], or by clicking here.

If the Settlements are approved, Atkore will pay $50,000,000 and Northern Pipe and Vinyltech will pay $30,000,000 to resolve all End-User Settlement Class members’ claims against the Settling Defendants for the Released Claims (as defined in the Settlement Agreements). Before any funds will be disbursed, the Court will approve a plan of distribution of the Settlement proceeds. In addition to this monetary benefit, the Settling Defendants have also agreed to provide specified cooperation in the End-User Class Plaintiffs’ continued prosecution of the litigation against the Non-Settling Defendants. The Settlement Agreements are available on the Documents page of this case website. 

A portion of the Settlement proceeds are being used for the administration of the notice of the Settlements to potential members of the End-User Settlement Class. The remainder of the Settlement proceeds will remain available for any future notice, distribution to members of the End-User Settlement Class, or attorneys’ fees, litigation expenses, and service awards to class representatives and their counsel. At this time, End-User Class Plaintiffs and their counsel will seek an interim payment of litigation expenses of up to $4,000,000 to be paid pro rata from the Settlements upon Final Approval of the Settlements, to reimburse past expenses and assist in the ongoing prosecution of the case. They are not currently seeking attorneys’ fees or class representative service awards at this time. However, they may ask for additional litigation expenses, attorneys’ fees, and service awards in the future, subject to additional notice to you and approval by the Court.
 

No claims will be distributed at this time to the End-User Settlement Class. Interim Co-Lead Counsel will continue to pursue the lawsuit against the Non-Settling Defendants. At a later time, Interim Co-Lead Counsel will request that the Court approve a plan of distribution, 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 FAQ 20 for more information regarding Interim Co-Lead 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 End-User Settlement Class, which means that you cannot sue, continue to sue, or be part of any other lawsuit against the Settling Defendants that pertain to the Released Claims (as defined in the Settlement Agreements).

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 Agreements available on the Documents page of this case website.

You are not releasing your claims against any Defendant other than the Settling Defendants by staying in the End-User Settlement Class.

The Settlement Agreements (Atkore paragraphs 14 and 15, Northern Pipe and Vinyltech paragraphs 16 and 17, titled “EUCPs’ Release” and “Further Release”) describe these “Released Claims” and the “Atkore/Northern Pipe and Vinyltech Released Parties” in necessary legal terminology, so read these sections carefully. The Settlement Agreements are available on the Documents page of this case website 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 FAQ 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 End-User Settlement Class and participate in these Settlements 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) future settlements or judgments obtained by End-User Class Plaintiffs against any Non-Settling Defendants in the case, and you will also have an opportunity to object to the plan of allocation and requests for attorneys’ fees, further reimbursement of expenses, and service awards.

If you do not want the benefits offered by either or both of the Settlements and you do not want to be legally bound by the terms of these Settlements, or if you wish to pursue your own separate lawsuit against the Settling Defendants, you must exclude yourself by submitting a written request for exclusion to the Settlement Administrator (see address below) by September 8, 2026 stating your intent to exclude yourself from the End-User Settlement Class. Your request for exclusion 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 End-User Settlement Class, and specifying whether the exclusion relates to the Atkore Settlement, the Northern Pipe and Vinyltech Settlement, or both;
3. Your signature; and
4. Documents sufficient to show proof of Your membership in the End-User Settlement Class (e.g., receipts showing purchase of PVC Pipe) during the Class Period and the total value of your PVC Pipe Product purchases during the Settlement Class Period.
    

If You are a business or entity:
 

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 End-User Settlement Class, and specifying whether the exclusion relates to the Atkore Settlement, the Northern Pipe and Vinyltech Settlement, or both;
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 End-User Settlement Class; and
4. Documents sufficient to show proof of Your membership in the End-User Settlement Class (e.g., receipts showing purchase of PVC Pipe Products) during the Class Period and the total value of your PVC Pipe Product purchases during the Settlement 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. the name of the assignor and the assignee;
2. Provide a copy of the signed assignment agreement; and
3. Provide the total value of PVC Pipe Product purchases during the Settlement Class Period from each Defendant or alleged co-conspirator that is subject to the assignment.
    

Exclusion requests can only be made by an individual or individual entity on behalf of themselves (and their subsidiaries and Affiliates) and personally signed by each person or entity requesting exclusion.
 

You must mail your request for exclusion, postmarked no later than September 8, 2026, to:
 

PVC - End User Class Settlement Notice
c/o Kroll Settlement Administration LLC
P.O. Box 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 End-User Class Settlements with Atkore and/or Northern Pipe and Vinyltech. You can only get Settlement benefits from the Settlements if you stay in the Settlements 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 Atkore and/or Northern Pipe and Vinyltech for the End-User claims that the  Settlements resolve. If you have a pending lawsuit against Atkore and/or Northern Pipe and Vinyltech, speak to your lawyer in that lawsuit immediately to determine whether you must exclude yourself from this End-User Settlement Class to continue your own lawsuit(s).

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

If you are a member of the End-User Settlement Class and have not excluded yourself from the Settlements, you can object to either or both the Settlements if you do not like part or all of them. You can also object to the request for payment of litigation expenses. The Court will consider your views.
 

To object, you must send a letter or other written statement saying that you object to the Settlement(s) and/or the request for payment of litigation expenses in In re: PVC Pipe Antitrust Litigation, Case No. 1:24-cv-07639 and the reasons why you object to the Settlements and/or the request for payment of litigation expenses. If you wish to appear in person to be heard or object to the Settlement Agreements and/or the request for payment of litigation expenses, you must submit an appropriate and timely request to appear. Be sure to include your full name, the name of your business which purchased PVC Pipe Products (if applicable), current mailing address, and email address. Your objection must also include: (a) documents sufficient to show proof of your membership in the Settlement Class; (b) a list of any witnesses, exhibits, or legal authority you intend to offer; (c) a statement as to whether your objection applies only to you, a subset of the class, or the class as a whole; and (d) a list of all class action settlements to which you and/or your counsel have previously objected. Your objection must be signed. You may include or attach any documents that you would like the Court to consider.  Your objection must be sent to the Settlement Administrator, Interim Co-Lead Counsel, counsel for Atkore and/or Northern Pipe and Vinyltech, and the Clerk of the Court at the addresses listed below. By submitting an objection, you agree to be subject to the jurisdiction of the district court for the purposes of the objection, including discovery. Your objection must be postmarked by September 8, 2026.
 

Objecting is telling the Court that you do not like something about the Settlements. You can object only if you do not exclude yourself from the End-User Class in these Settlements. Excluding yourself is telling the Court that you do not want to be part of the End-User Settlement Class. If you exclude yourself, you cannot object because the Settlements no longer affect you.

Yes, the Court has appointed the lawyers identified as Interim Co-Lead Counsel in FAQ 17 to represent the respective End-User Class. If you wish to remain a member of the End-User Class, you do not need to hire your own lawyer because Interim Co-Lead 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 End-User 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 the Settling Defendants.

Interim Co-Lead Counsel are not seeking attorneys’ fees or class representative service awards at this time. In the future, Interim Co-Lead Counsel intend to ask the Court for attorneys’ fees of up to 33 1/3% of the Settlement Funds (including interest) in connection with this and potential future settlements based on their services in this Action. Interim Co-Lead Counsel are asking the Court to approve an interim payment of litigation expenses of up to $4,000,000 pro rata from the Settlements upon their Final Approval. The motion for interim payment of litigation expenses will be filed with the Court by August 7, 2026, and a copy will be made available for review on the Documents page of this case website. Interim Co-Lead Counsel may also later request reimbursement of additional litigation expenses and costs. 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 Funds pro rata. When Interim Co-Lead Counsel’s motion for fees, costs, expenses, and service award is filed, it will be available on the Documents page of this case website. You will have an opportunity to comment on or object to such requests at a later time.

The Court will hold a Fairness Hearing to decide whether to approve the Settlements. You may attend and you may ask to speak, but you do not have to. The Fairness Hearing will be held on October 1, 2026, at 9:00 a.m. Central Time. The Fairness Hearing will take place at the Everett McKinley Dirksen Federal Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604 in Courtroom 1425 or may also take place via video conference/teleconference. At this hearing, the Court will consider whether the Settlements are fair, reasonable, and adequate and whether to approve the request for payment of litigation expenses. 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 Settlements. 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 End-User Settlement Class. Updates will be posted to this settlement website regarding any changes to the hearing date.

No. Interim Co-Lead 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, including the name of your business which purchased PVC Pipe Products, current mailing address, telephone number, and signature.

Your Notice of Intention to Appear must be postmarked by September 8, 2026, and it must be sent to the Clerk of the Court, Interim Co-Lead Counsel, and counsel for Atkore and Northern Pipe and Vinyltech.

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 Interim Co-Lead Counsel and counsel for Atkore and Northern Pipe and Vinyltech are provided in FAQ 17. You cannot ask to speak at the hearing if you excluded yourself from the End-User Settlement Class.

This case website contains a summary of relevant Court papers. You can review relevant decisions and orders and additional information about this Action on this case website’s Documents page. You may click here to contact the Settlement Administrator, or by mail, email, or phone using the following contact information:

PVC - End User Class Settlement Notice
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

Email: [email protected]
Phone: (833) 621-8556
 

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