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In re EPDM Antitrust Litigation

Several manufacturers of ethylene propylene diene monomer (EPDM), a synthetic rubber, were alleged to have conspired to fix prices and allocate markets from the late 1990s until 2002. Counsel for a defendant retained Bates White to determine whether the economic evidence was consistent with the alleged conspiracy in the United States, Canada, and Europe.

Bates White’s expert participated in settlement negotiations with direct and indirect classes and several groups of opt-out plaintiffs in the United States and globally. Bates White also supported counsel in negotiations with various government agencies. The European Commission ultimately closed its investigation into potential competition law violations without issuing any fines to Bates White’s client. Furthermore, Bates White developed and executed settlement strategy that minimized the US civil settlement and associated litigation costs for our client.

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