Plaintiff’s claims arise from Defendants’ ongoing anticompetitive scheme to fix, raise, maintain, stabilize, or otherwise manipulate the price of polyvinyl chloride (“PVC”) pipe sold and purchased throughout the United States from at least as early as January 1, 2021 to the present (the “Class Period”).

Defendants are also liable for acts done in furtherance of the alleged conspiracy by their officers, directors, agents, partners, employees, representatives, affiliates, subsidiaries, and companies they acquired through mergers and acquisitions.

On an April 2023 earnings call, Defendant Otter Tail’s President and CEO, Charles McFarlane, confirmed that the industry has not “seen any new competition” because “[t]he cost of entry is pretty significant to build the PVC pipe plant.”

Plaintiff also brings this action on behalf of himself and all other similarly situated as a class action under Federal Rules of Procedure 23(a) and 23(b)(3), seeking damages as well as equitable relief, on behalf the following Class (“State Law Class”): All persons or entities who purchased PVC pipe in Alabama, Arizona, Arkansas, California, Colorado, Connecticut, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and/or Wisconsin between January 1, 2021 and until Defendants’ unlawful conduct and its anticompetitive effects cease to persist.

Defendants’ conspiracy unlawfully misleads consumers into believing the price of PVC pipe sold in Arkansas was the result of a free market and Defendants’ conduct is substantively unconscionable because it unfairly benefits Defendants at the expense of Plaintiff.