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Flat glass manufacturers might have conspired to fix the price of flat glass in the US and Europe.
Investigation Source
- Nationwide
Investigation Scope
Category Information
Investigation Topics
- Over Charge
- Excessive or Unauthorized Fees
- Price Fixing
- Anti-Competitive Behavior
Products or Services
- Direct Purchasers of Flat Glass
- Flat Glass
Injury Type
- Monetary Loss
Investigation Details
Investigation and a pending class action lawsuit against Guardian Industries Corp.; Guardian Fabrication Inc.; Lake Guardian Walled Fabrication Corp.; Guardian Glass Company; Pilkington Group Limited; Pilkington North America Inc.; Pilkington Holdings Inc.; Libbey-Owens-Ford Co.; Pilkington plc; NSG UK Enterprises Limited; Nippon Sheet Glass Co.; Limited Compagnie de Saint-Gobain; Saint-Gobain Corporation; CertainTeed Corporation; Saint-Gobain Glass Corporation; Saint-Gobain Glass Exprover; North Asahi Glass Company Limited; AGC Flat Glass; AGC Flat Glass North America; AGC America, Inc. AGC Flat Glass Europe; AGC InterEdge Technologies, Inc.; and AMA Glass Corporation (all collectively referred to as ("flat glass manufacturers").
The class ction complaint alleges that the flat glass manufacturers actively participated in an international conspiracy to fix, raise, maintain, and/or stabilize the prices of flat glass worldwide, including in the United States. Flat glass includes all unfabricated and fabricated glass products that are manufactured through the "float process." The "float process" is the process of manufacturing flat glass by passing molten glass from a melting furnace to a bath in which a continuous ribbon of molten glass floats on a liquid of greater density than the glass, normally composed of molten tin, where it is polished under controlled temperatures and subsequently fed into an annealing oven, where it is gradually cooled.
According to the class action complaint, the flat glass manufacturers jointly participated in meetings in restaurants and hotels throughout Europe during which they discussed and agreed to the level and timing of price increases, target prices, minimum prices, and other commercial conditions for deliveries of flat glass. The complaint alleges that on February 25, 2005, the European Commission ("EC") announced that it had raided the offices of several flat glass manufacturers in an effort to uncover evidence of a price fixing cartel. According to the complaint, in connection with its investigation, the EC issued a statement in which it announced that it "ha[d] reason to believe that the manufacturers concerned may have (amongst other things) coordinated price-increases and agreed on the introduction of a so called "energy surcharge" in the area of flat glass." The complaint further alleges that on March 14, 2007, the EC imposed fines totaling $723 million on defendants Guardian, Saint-Gobain, NSG/Pilkingron, and Asahi for their participation in a cartel in the flat glass market.
The case is currently in the Eastern District of Pennsylvania. The case seeks class action status on behalf of a class of all persons or entities who purchased flat glass in the United States directly from one or more of the defendants at any point between January 1, 2004 and December 31, 2005.
The class ction complaint alleges that the flat glass manufacturers actively participated in an international conspiracy to fix, raise, maintain, and/or stabilize the prices of flat glass worldwide, including in the United States. Flat glass includes all unfabricated and fabricated glass products that are manufactured through the "float process." The "float process" is the process of manufacturing flat glass by passing molten glass from a melting furnace to a bath in which a continuous ribbon of molten glass floats on a liquid of greater density than the glass, normally composed of molten tin, where it is polished under controlled temperatures and subsequently fed into an annealing oven, where it is gradually cooled.
According to the class action complaint, the flat glass manufacturers jointly participated in meetings in restaurants and hotels throughout Europe during which they discussed and agreed to the level and timing of price increases, target prices, minimum prices, and other commercial conditions for deliveries of flat glass. The complaint alleges that on February 25, 2005, the European Commission ("EC") announced that it had raided the offices of several flat glass manufacturers in an effort to uncover evidence of a price fixing cartel. According to the complaint, in connection with its investigation, the EC issued a statement in which it announced that it "ha[d] reason to believe that the manufacturers concerned may have (amongst other things) coordinated price-increases and agreed on the introduction of a so called "energy surcharge" in the area of flat glass." The complaint further alleges that on March 14, 2007, the EC imposed fines totaling $723 million on defendants Guardian, Saint-Gobain, NSG/Pilkingron, and Asahi for their participation in a cartel in the flat glass market.
The case is currently in the Eastern District of Pennsylvania. The case seeks class action status on behalf of a class of all persons or entities who purchased flat glass in the United States directly from one or more of the defendants at any point between January 1, 2004 and December 31, 2005.
Defendant Details
| Name (Stock Symbol) | Brief Description |
|---|---|
| Guardian Industries Corporation | Guardian Industries Corporation manufactures float glass and fabricated glass products. |
| Pilkington Group Limited | Nippon Sheet Glass Co., Limited acquired Pilkington Group Limited through NSG UK Enterprises Limited, a wholly owned subsidiary. Pilkington manufactures flat glass. |
| Libbey Owens Ford Company | Libbey Owens Ford Company was a former glass manufacturer and distributor. |
| NSG Group | NSG Group manufactures glass and glazing systems. |
| Nippon Sheet Glass Co. | Nippon Sheet Glass Co. is a glass manufacturer. |
| CertainTeed Corporation | CertainTeed Corporation is a North American manufacturer of building materials including roofing, vinyl and fiber cement siding, trim, fence, railing, deck, foundations, insulation, gypsum, ceilings, and pipe products. CertainTeed has approximately 7,000 employees and 70 facilities throughout the United States and Canada. |
| Saint-Gobain | Saint-Gobain, together with its subsidiaries, engages in the design, manufacture, and distribution of functional materials, such as glass, ceramics, plastics, and cast iron worldwide. It operates through five segments: Flat Glass, Packaging, Construction Products, Building Distribution, and High-Performance Materials. It owns Certianteed. |
| Saint-Gobain Glass Exprover | Saint-Gobain Glass Exprover, a subsidiary of Sain-Gobain, manufactures glass for industrial applications. |
| AGC Flat Glass North America, Inc. | AGC Flat Glass North America, Inc. supplies clear and tinted flat-glass products, energy-efficient coated glass, reflective products, solar solutions, automotive glass, and specialty products such as patterned, acid-etched and painted glass products to the construction, specialty, solar and automotive glass markets. Formerly known as AFG Industries, AGC Flat Glass North America is a subsidiary of Asahi Glass Company. |
| AGC Flat Glass Europe | AGC Flat Glass Europe supplies clear and tinted flat-glass products, energy-efficient coated glass, reflective products, solar solutions, automotive glass, and specialty products such as patterned, acid-etched and painted glass products to the construction, specialty, solar and automotive glass markets in Europe. Formerly known as Glaverbel, AAGC Flat Glass Europe is a subsidiary of Asahi Glass Company. |
| AGC InterEdge Technologies, Inc. | AGC InterEdge Technologies is wholly owned by AGC Flat Glass North America. AGC InterEdge Technologies supplies glass products to the construction industry. |
| AMA Glass Corporation | AMA Glass Corporation importers and exporters architectural glass products. AMA Glass is the sole importer of Asahi commercial glass into North America and the largest importer of Glaverbel glass. AMA Glass is a wholly owned subsidiary of AFG Industries, Inc. |