- What is the Methionine class action litigation about?
- What is Methionine?
- What settlements have been reached in the Methionine class action litigation?
- Have the settlements been approved by the courts?
- Where can I get a copy of the settlements?
- Who is entitled to compensation under the terms of the settlements?
- What is the Class Period?
- How will the settlement funds be distributed?
- Who will administer the claims process?
- I received a notice of settlement approval by mail. Why did I receive this notice?
- I received a letter from Deloitte & Touche LLP with information about Methionine purchases from the Defendants. Why did I receive this letter?
- How do I file a claim?
- How do I access the online claims process?
- What if I do not have Internet access?
- What if I filed information about my Methionine purchases as part of the National Vitamins Settlement Agreement in 2005?
- What if I filed a claim in the related US litigation or entered into a private settlement?
- What is the Purchase Price?
- What proof of Purchase Price information am I required to provide as part of my claim?
- What is the Claims Filing Deadline? What is the Claims Bar Deadline?
- What if I missed completing something on my claim?
- How will I find out whether my claim has been accepted?
- How are payments determined?
- What if I want to appeal the Administrator's decision?
- When can I expect to receive compensation?
- What if I do not want to be part of the settlements?
- Who are Class Counsel?
- What if I am approached by an agency offering to file a claim on my behalf?
- How can I obtain additional information?
What is the Methionine class action litigation about? [top]
Class action lawsuits were commenced in Ontario, British Columbia and Quebec alleging that the Defendants conspired to fix prices and markets for Methionine and Methionine Products in Canada.
The Defendants in this litigation are: Novus International Inc., Novus International (Canada) Inc.; Nippon Soda Co., Ltd., Mitsui & Co., Ltd., Degussa-Huls AG (now known as Evonik Degussa Gmbh), Degussa Corporation (now known as Evonik Degussa Corporation), and Degussa Canada Inc. (now known as Evonik Degussa Canada Inc.).
Aventis Animal Nutrition S.A. and Rhone-Poulenc Canada Inc. were initially named as defendants in the litigation. The litigation was discontinued against Aventis Animal Nutrition S.A. and Rhone-Poulenc Canada Inc. after the National Vitamins Class Action Settlement was approved by the courts. Aventis Animal Nutrition S.A. and Rhone-Poulenc Canada Inc. participated in the National Vitamins Class Action Settlement. For the purposes of this FAQ, the term "Defendants" includes Aventis Animal Nutrition S.A. and Rhone-Poulenc Canada Inc.
What is Methionine? [top]
Methionine is an amino acid that is used primarily in animal feed. Methionine Products are products that directly or indirectly contain or are derived from Methionine or from animals which had consumed Methionine.
What settlements have been reached in the Methionine class action litigation? [top]
Settlements have been achieved which resolve the litigation in its entirety.
In 2005, a settlement was achieved with Aventis Animal Nutrition S.A. and Rhone-Poulenc Canada Inc., as part of the National Vitamins Class Action Settlement. Under the terms of that settlement, approximately $6 million of Aventis/Rhone-Poulenc’s settlement payment was allocated to compensate purchasers of Methionine. Those settlement monies have been held in an interest bearing account for the benefit of Settlement Class Members since approval. As of July 31, 2010, the settlement was worth $6,700,000 including interest.
In February 2009, a settlement was achieved with Novus International Inc. and Novus International (Canada) Inc. (collectively "Novus"). Under the terms of the Novus Settlement Agreement, Novus has agreed to pay Cdn $1,250,000 in exchange for a full release of claims against it, Nippon Soda Co., Ltd., Mitsui & Co., Ltd., and their related entities. Nippon Soda Co. Ltd. and Mitsui & Co. Ltd. are the parent companies of Novus. The settlement funds are being held in an interest bearing account for the benefit of Settlement Class Members.
In December 2009, a settlement was reached with Degussa-Huls AG (now known as Evonik Degussa Gmbh), Degussa Corporation (now known as Evonik Degussa Corporation), and Degussa Canada Inc. (now known as Evonik Degussa Canada Inc.) (collectively "Degussa"). Under the terms of the Degussa Settlement Agreement, Degussa has agreed to pay Cdn $1,250,000 in exchange for a full release of claims against it and its related entities. The settlement funds are being held in an interest bearing account for the benefit of Settlement Class Members.
The settlements represent resolutions of disputed claims. None of the parties admit any wrongdoing or liability.
Have the settlements been approved by the courts? [top]
The Novus and Degussa settlements were approved as being fair, reasonable and in the best interests of Settlement Class Members by the Ontario court on May 13, 2010, the British Columbia court on June 28, 2010, and the Quebec court on July 27, 2010.
The settlement with Aventis Animal Nutrition S.A. and Rhone-Poulenc Canada Inc. (part of the National Vitamins Class Action Settlement) was approved by the Ontario, British Columbia and Quebec courts in 2005.
Copies of the court orders approving the settlement agreements are available on the Document page of this website. Click here to reach the Document page.
Where can I get a copy of the settlements? [top]
Copies of the settlement agreements are available on the Document page of this website. Click here to reach the Document page.
Who is entitled to compensation under the terms of the settlements? [top]
The Settlement Class includes all persons in Canada who purchased Methionine Products in Canada, during the Class Period, except the Excluded Persons. The Excluded Persons are the defendants and certain parties related to the defendants.
Settlement Class Members who purchased Methionine will be eligible for direct compensation.
Settlement Class Members who purchased Methionine Products will not receive direct compensation. As explained below, these Settlement Class Members will be compensated through a cy pres distribution to national organization whose purposes generally benefit such Settlement Class Members.
Click here for more information about how the settlement funds will be distributed.
What is the Class Period? [top]
The Class Period is January 1, 1985 to December 31, 1998.
How will the settlement funds be distributed? [top]
The Ontario, British Columbia and Quebec courts have approved a protocol for distributing the settlement funds in the three settlements, plus accrued interest. Under the Distribution Protocol, Settlement Class Members who purchased Methionine are entitled to direct compensation.
Under the terms of the Distribution Protocol, 100% of the Aventis/Rhone-Poulenc settlement payment allocated to Methionine ($6,000,000) and 82% of the Novus and Degussa settlement funds ($2,500,000), plus accrued interest less (a) proportionate Class Counsel Fees, disbursements and taxes, (b) proportionate costs of notice, and (c) costs of administration (the "Upstream Purchasers Fund") will be paid out as direct compensation to Direct Purchasers, Second Level Purchasers and Distributors who satisfy the eligibility requirements. Compensation will be calculated by the Claims Administrator in the following manner:
- A "Direct Purchaser" means a person or entity in Canada, other than a Distributor, who purchased Methionine in Canada during the Class Period directly from a Methionine manufacturer. A Direct Purchaser will be paid 12% of his, her or its eligible Methionine purchases.
- A "Second Level Purchaser" means a person or entity in Canada, who purchased Methionine in Canada during the Class Period directly from a Distributor. A Second Level Purchaser will be paid 10% of his, her or its eligible Methionine purchases.
- A "Distributor" means a person or entity in Canada who purchased Methionine directly from a Methionine manufacturer and resold the Methionine without further processing or including it in any other product. A Distributor will be paid 1% of his, her or its eligible Methionine purchases.
If the total amount of valid claims on the Upstream Purchaser Fund exceeds the amount available for distribution for the Upstream Purchaser Fund, the payments to eligible Direct Purchasers, Second Level Purchasers and Distributors will be reduced pro-rata.
If, after all approved payments are made to the claimants, there remains monies in the Upstream Purchasers Settlement Fund by virtue of interest earned on the Upstream Purchasers Settlement Fund, the failure of successful claimants to cash the cheques received as compensation for their claims, or otherwise, the monies remaining in the Upstream Purchasers Settlement Fund will be added to the Consumer fund, described below.
The remaining 18% of the Novus and Degussa settlement funds ($2,500,000), plus accrued interest less (a) proportionate Class Counsel Fees, disbursements and taxes, (b) proportionate costs of notice, and (c) obligations by Quebec Settlement Class Members to the Fonds d'Aide (the "Downstream Purchasers Settlement Fund"), will be allocated equally to Intermediate Purchasers and Consumers. Intermediate Purchasers and Consumers will be compensated through a cy pres distribution made to national organizations whose purposes generally benefit these Settlement Class Members.
- An "Intermediate Purchaser" means a person or entity in Canada, other than an Upstream Purchaser or Consumer, who purchased Methionine Products in Canada during the Class Period. The Intermediate Purchaser fund will be distributed to Chicken Farmers of Canada (60%) and Canadian Pork Council (40%).
- A "Consumer" means any person or entity in Canada who purchased Methionine Products in Canada during the Class Period for their personal use and who did not resell the Methionine Products. The Consumer fund will be distributed equally to Food Banks Canada and Breakfast for Learning.
A copy of the Distribution Protocol is available on the Document page of this website. Click here to reach the Document page.
Who will administer the claims process? [top]
Deloitte & Touche LLP has been appointed by the Ontario, British Columbia and Quebec courts as the Administrator of the settlements. The Administrator's main role is to evaluate each Claim according to the terms of the settlements and the Distribution Protocol. Click here for the Administrator’s contact information.
I received a notice of settlement approval by mail. Why did I receive this notice? [top]
If you received a notice of settlement approval, it means that you have been identified by a Defendant(s) as a purchaser of Methionine in Canada during the Class Period or that you filed information about your Methionine purchases as part of the administration of the National Vitamins Settlement Agreement in 2005.
I received a letter from Deloitte & Touche LLP with information about Methionine purchases from the Defendants. Why did I receive this letter? [top]
Deloitte & Touche LLP has been appointed as the Administrator. If you received a letter from Deloitte & Touche LLP with information about your Methionine purchases, it means that you have been identified by a Defendant(s) as a purchaser of Methionine in Canada during the Class Period and the Defendant(s) had records of your Purchase Price information. When completing a claim, you can choose to accept this information (no further information is required in respect of these Methionine purchases) or you can provide your own evidence as to your Methionine purchases (you will have to submit proof of purchase information).
How do I file a claim? [top]
Claims should be completed through the online claims process. The online claims process is secured using the same encryption technology commonly used for online credit card transactions.
How do I access the online claims process? [top]
You can access the online claims process by clicking here.You will need a user identification name and password for the online claims process; this is selected during the first part of the claim registration process. Please record your user identification and password so that you may access the online claims system throughout the administration of this settlement.
What if I do not have Internet access? [top]
If you do not have Internet access, you can file a paper claim form. Paper claim forms are available here or from the Administrator by calling toll-free 1-866-669-6615.
What if I filed information about my Methionine purchases as part of the National Vitamins Settlement Agreement in 2005? [top]
If you filed information about your Methionine purchases as part of the National Vitamins Settlement Agreement in 2005, the Administrator has sent you a letter containing information about completing the claim process. If you did not receive this letter or have questions about the information filed as part of the 2005 Settlement, please contact the Administrator by calling toll-free 1-866-669-6615 or emailing vitamins@deloitte.ca
What if I filed a claim in the related US litigation or entered into a private settlement? [top]
Settlement Class Members cannot claim and will not be paid compensation for any Methionine purchases for which they have received compensation and/or in respect of which they have released their claims, either as part of a private settlement or as part of the class action settlement reached in the related U.S. litigation.
What is the Purchase Price? [top]
Both the online claims process and paper claim forms require claimants to provide Purchase Price information. The Purchase Price is the total amount paid in Canadian dollars, excluding taxes and delivery charges, for purchases of Methionine in Canada during the Class Period.
What proof of Purchase Price information am I required to provide as part of my claim? [top]
If you received a letter from the Administrator with Purchase Price information in respect of Methionine purchases from a Defendant(s) and you agree with that information, no further information is required in respect of those Methionine purchases.
If you received a letter from the Administrator with Purchase Price information in respect of Methionine purchases from a Defendant(s) and you do not agree with that information or want to claim for additional Methionine purchases, you need to provide Purchase Price information and supporting evidence of your Methionine purchases. Supporting evidence might include copies of invoices, bills, shipping receipts, etc.
If you did not receive a letter from the Administrator with Purchase Price information in respect of Methionine purchases from a Defendant(s), you need to provide Purchase Price information and supporting evidence of your Methionine purchases. Supporting evidence might include copies of invoices, bills, shipping receipts, etc.
What is the Claims Filing Deadline? What is the Claims Bar Deadline? [top]
The Claims Filing Deadline or the Claims Bar Deadline is November 30, 2010 at 11:59 pm Eastern (Toronto) time. All claims must be postmarked, faxed or uploaded using the online claims process by this Deadline.
What if I missed completing something on my claim? [top]
If, during claims processing, the Administrator finds that technical deficiencies exist in your claim or other required information, the Administrator will notify you of the deficiencies via the online claims system and regular mail, and will allow thirty (30) days from the date of mailing of such notice to correct the deficiencies. If the deficiencies are not corrected within the thirty (30) day period, the Administrator will reject the claim without prejudice to your right to resubmit the claim, provided you are able to meet the Claims Filing Deadline. Technical deficiencies shall not include missing the Claims Filing Deadline.
How will I find out whether my claim has been accepted? [top]
The Administrator will notify you via regular mail and the online claims system as to the approval or rejection of your claim and the determination of the amount of your Methionine purchases during the Class Period (the “Decision Notice”). Where the Administrator has rejected all or part of the claim, the Administrator will include in the Decision Notice its grounds for rejecting all or part of the claim.
How are payments determined? [top]
The Administrator will determine whether a claim is valid and payable based on the information provided in the claim and the accompanying documentation (the "Claim Package"). The amount of compensation received by a claimant will be determined in accordance with the Distribution Protocol. Click here for more information about the Distribution Protocol.
What if I want to appeal the Administrator's decision? [top]
Claimants have thirty (30) days from the date of the Decision Notice to appeal the rejection (in whole or in part) of their claims. Claimants who wish to file an appeal must do so by filing an appeal letter; this letter must include your full name, current address, telephone number, claim ID number, and your reasons for appealing the Administrator's decision.
The appeal letter must be faxed or postmarked on or before thirty (30) days from the date of the Decision Notice, and should be addressed to:
Administrator, Methionine Class Action Settlements
Deloitte & Touche LLP
Suite 1400
181 Bay Street
Toronto Ontario M5J 2V1
(Fax: 1-866-526-7955)
Appeals will be determined by a court-appointed referee. The referee's decision is final and binding and is not be subject to any further appeal or review whatsoever. The refusal of the Administrator to accept a claim postmarked, faxed, or uploaded using the online claims process after the Claims Filing Deadline is not grounds for appeal.
When can I expect to receive compensation? [top]
Claimants will receive compensation after the claims administration process and any appeals therefrom are completed. This process will take several months to complete. After this process is complete, the Administrator will report to the Ontario, British Columbia and Quebec courts the name, address and proposed amount of the distribution for each claimant entitled to receive a distribution, and seek an order authorizing a distribution of the Upstream Purchasers Settlement Fund. As soon as practical thereafter, claimants, whose claims have been accepted, will be mailed a cheque.
What if I do not want to be part of the settlements? [top]
If you do not want to be part of the settlements, you must opt out.
The deadline for opting out of the National Vitamins Class Action Settlement has already passed. This means that there is no ability to opt-out of Aventis/Rhone-Poulenc’s settlement relating to Methionine and Methionine Products. The deadline for opting out of the Novus and Degussa settlements is October 31, 2010. If you filed a claim under the National Vitamins Class Action Settlement, you may not opt out of the Novus or Degussa settlements.
If you did not submit a claim under the National Vitamins Class Action Settlement and would like to opt out of the Novus and/or Degussa settlements, you must submit a written request to opt out. Your request should include the following information:
- your full name, current address, and telephone number;
- a statement that you wish to opt out of the Novus and/or Degussa settlements;
- confirmation that you did not submit a claim under the National Vitamins Class Action Settlement;
- your reasons for opting out;
- the name(s) of each entity from whom you purchased Methionine during the Class Period; and
- for each such entity, the information in your possession concerning the dollar value of your Methionine purchases during the Class Period.
The request to opt out of the Novus and/or Degussa settlements must be email, faxed or postmarked on or before October 31,2010 to:
Administrator, Methionine Class Action Settlements
Deloitte & Touche LLP
Suite 1400
181 Bay Street
Toronto Ontario M5J 2V1
(Fax: 1-866-526-7955)
Residents of Quebec must also mail the request to opt out of the Novus and/or Degussa settlements postmarked on or before October 31,2010 to:
Cour supérieure du Québec
Greffe civil (500-06-000233-045)
Palais de justice de Montréal
1, rue Notre-Dame Est
Montréal (Québec) H2Y 1B6
If a Settlement Class Member does not timely and properly opt out of the Novus and/or Degussa settlements or does not timely and properly file a claim with the Administrator, he or she will be forever barred from receiving any benefits under the Novus and/or Degussa settlements, and from instituting or continuing any action against the Novus and/or Degussa related to the price-fixing of Methionine and Methionine Products.
Who are Class Counsel? [top]
The law firms of Siskinds LLP and Sutts, Strosberg LLP represent Settlement Class Members in Ontario, and in provinces other than British Columbia or Quebec, as well as corporations of more than 50 employees in Quebec. Siskinds LLP can be reached toll free at:
Telephone (toll-free): 1-800-461-6166 ext. 2455
Email: charles.wright@siskinds.com
Mail: 680 Waterloo Street, London, Ontario N6A 3V8, Attention: Charles Wright.
Sutts, Strosberg LLP can be reached at:
Telephone (toll-free): 1-800-229-5323 ext. 8296
Email: harvey@strosbergco.com
Mail: 600-251 Goyeau Street, Windsor, ON N9A 6V4, Attention: Harvey Strosberg.
The law firm of Camp Fiorante Matthews represents Settlement Class Members in British Columbia. Camp Fiorante Matthews can be reached at:
Telephone: 604-689-7555
Email: jjcamp@cfmlawyers.ca
Mail: 400 - 856 Homer Street, Vancouver, BC V6B 2W5, Attention: J.J. Camp.
The law firm of Siskinds Desmeules s.e.n.c.r.l. represents individuals and corporations of 50 or less employees who are Settlement Class Members in Quebec. Siskind Desmeules s.e.n.c.r.l. can be reached at:
Telephone: 418-694-2009
Email: simon.hebert@siskindsdesmeules.com
Mail: Les promenades du Vieux-Quebec, 43 rue De Buade, bureau 320, Quebec City, QC G1R 4A2, Attention: Me Simon Hébert.
What if I am approached by an agency offering to file a claim on my behalf? [top]
Settlement Class Members may be approached by private agencies who offer to file a claim on the Settlement Class Member's behalf. Such agencies will want to be compensated in return for their services. Settlement Class Members do not need the assistance of a private agency in filing a claim. The Administrator and Class Counsel can answer any questions Settlement Class Members have in filing a claim at no cost.
How can I obtain additional information? [top]
More information about the settlements can be found at www.vitaminsclassaction.com.
If you have questions that are not answered online at www.vitaminsclassaction.com, please contact the Administrator toll-free at 866-669-6615 or by email at vitamins@deloitte.ca.
|
