Pool Products Distribution Market
Antitrust Litigation
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In Re: Pool Products Distribution Market Antitrust Litigation

Important Update

The Court issued an Order on June 1, 2017 approving the distribution of Remaining Settlement Funds to Class Members who submitted valid claims and cashed their prior distribution checks, and whose distributive share of the Remaining Funds is not less than $5.00. The Court Order is available here. Distribution of Second Distribution checks occurred on August 1, 2017.

Overview of the Proposed Settlements

A class action lawsuit on behalf of direct purchasers from Pool Corporation (“Plaintiffs”) of Pool Products is currently pending. Plaintiffs have reached a proposed settlement with Pentair Water Pool and Spa, Inc.

Plaintiffs claim that PoolCorp and the Manufacturer Defendants entered into agreements in violation of the antitrust laws and that PoolCorp attempted to monopolize the alleged market for Pool Products in the United States in violation of the antitrust laws. Plaintiffs allege that, as a result, Plaintiffs paid more for Pool Products than they otherwise would have paid absent the conspiracy and the attempt to monopolize. Defendants deny all of the Plaintiffs’ claims and have asserted various defenses to the claims. The Court has not made any decision as to the merits of the Plaintiffs’ allegations.

Chief Judge Vance has decided that for purposes of the Hayward, Zodiac, and Pentair Settlements only, everyone who fits this description is a class member:

All persons and entities located in the United States that purchased Pool Products in the United States directly from PoolCorp, during the Class Period from November 22, 2007 to November 21, 2011. Excluded from the Settlement Class are Defendants and their subsidiaries, parents, or affiliates, whether or not named as a Defendant in the Second Consolidated Amended Class Action Complaint, and government entities.

What are my options?

You may:

  1. Do Nothing

    If you have not submitted a claim form in the Hayward and Zodiac Settlements, you will get no payment and give up your rights. If you have already submitted a claim form in the Hayward and Zodiac Settlements, that form will be considered in the Pentair Settlement if it is approved by the Court.

  2. Exclude Yourself from the Settlements

    This is the only option that allows you to ever be part of any other lawsuit against Hayward, Zodiac, or Pentair about the legal claims in this case. The deadline for excluding yourself from the Hayward or Zodiac Settlements was April 9, 2015. The deadline for excluding yourself from the Pentair Settlement is December 11, 2015. If you exclude yourself from the Hayward, Zodiac, or Pentair Settlement you will receive no payment from that Settlement.

  3. Object to the Settlements

    The deadline to object in the Hayward and Zodiac Settlements was April 9, 2015. You may write to the Court about why you don’t like the Pentair Settlement, the Plan of Allocation, or the Request for Attorneys’ Fees and Reimbursement of Expenses. The deadline to object in the Pentair Settlement is December 11, 2015.

  4. File a Claim

    If you are a class member in the Settlements and do not exclude yourself from the classes, you may be eligible to receive a payment. To qualify for a payment, you must send in a claim form to the Claims Administrator, postmarked by December 11, 2015, unless you have already submitted a claim in connection with the Hayward or Zodiac Settlements. If you have already submitted a claim form in the Hayward and Zodiac Settlements, that form will be considered in the Pentair Settlement if it is approved by the Court.