Conopco, Inc. v. Arkema, Inc.

MEMORANDUM

DALZELL, Judge.

Two direct purchasers of hydrogen peroxide and derivative persalts, Conopeo, Inc. and Reckett Benckiser, Inc., here pursue opt-out claims against FMC Corp. and FMC Foret S.A. (collectively “FMC”)1 for purported price fixing in alleged violation of Section 1 of the Sherman Act, 15 U.S.C. § l.2 These plaintiffs seek to recover damages for purchases of perborates that occurred in the United States and abroad during the time when the defendants allegedly engaged in price-fixing. On January 25, 2007, we denied the defendants’ previous facial challenge to our subject matter…