Antitrust Law Daily Wrap Up, ANTITRUST—E.D. La.: Two largest pool products manufacturers dismissed from direct purchaser suit, (Jul 6, 2015)

By Greg Hammond, J.D.

Following approval of two settlement agreements for a collective $9.95 million, the federal district court in New Orleans has dismissed the two largest U.S. manufacturers of pool products—Hayward Industries, Inc. and Zodiac Pool Systems, Inc.—from a direct purchaser class action concerning alleged price fixing in the pool products market (In re Pool Products Distribution Market Antitrust Litigation, July 2, 2015, Vance, S.).

The settlement between the manufacturers and “direct purchaser plaintiffs” (DPPs) was found to be fair, reasonable, and adequate. It resolves all of the DPPs’ claims against Hayward and Zodiac over their role in an alleged conspiracy that also involved pool products manufacturer Pentair Water Pool and Spa, Inc. and Pool Corp.—the country’s largest distributor of pool products—to fix prices, among other anticompetitive conduct. The court preliminarily approved the $3.45 million DPP-Zodiac settlement and certified its settlement class in December 2014, just three months after approving a similar $6.5 million DPP-Hayward settlement. The settlement classes in the two settlements were identical—all persons and entities located in the United States that purchased their pool products directly from Pool Corp.

The case MDL No. 2328.

Attorneys: Russ M. Herman (Herman, Herman, Katz & Cotlar, LLP) for Direct Purchaser Plaintiffs. William Bernard Gaudet (Adams & Reese, LLP) for Defendants’ Liaison Counsel. David H. Bamberger (DLA Piper, LLP) for Defendants’ Lead Counsel. Wayne J. Lee (Stone, Pigman, Walther, Wittmann, LLC) for Manufacturer Defendants.

Companies: Hayward Industries, Inc.; Zodiac Pool Systems, Inc.; Pentair Water Pool and Spa, Inc.; Pool Corp.

Cases: Antitrust LouisianaNews