In Re: Titanium Dioxide Antitrust Litigation


In 2010, Plaintiffs filed a Complaint on behalf of a proposed class of direct purchasers of titanium dioxide citing allegations of price-fixing behavior.

Counsel for the Plaintiffs retained Dr. Russell Lamb to analyze whether it was possible to establish, using evidence common to the proposed class as a whole, that the Defendants agreed to restrict supply and/or fix or stabilize prices of titanium dioxide; whether proposed class members were impacted by the alleged cartel, and more specifically whether all, or nearly all, proposed class members paid an overcharge on their titanium dioxide purchases as a result of the alleged cartel; and whether a formulaic methodology was available to measure total damages suffered by the proposed class due to the alleged cartel.

Dr. Lamb filed two Declarations concerning class certification issues and two Declarations concerning liability and damages issues in which he successfully developed and demonstrated a formulaic methodology capable of measuring damages on a class-wide basis. Dr. Lamb also testified at deposition four times.

The Court certified the class in this matter on August 28, 2012. The Court’s finding relied heavily on Dr. Lamb’s analysis and testimony, stating that “Dr. Lamb’s regression analysis accurately reflects the characteristics of the titanium dioxide industry and the facts in this case.”

In December 2013, the Court approved a series of settlements reached between the class and the Defendants collectively worth over $163 million.