In re Pool Products Distribution Market Antitrust Litigation

Updated: January 20, 2016
Status: Ongoing Case
Labaton Sucharow secures nearly $16 million to date in an attempted monopolization and price-fixing case involving major pool products manufacturers and the largest distributor.

Labaton Sucharow filed the first lawsuit in the country on behalf of a proposed class of businesses that purchased residential and commercial swimming pool products directly from major manufacturers and the largest distributor of swimming pool products, Pool Corporation and its subsidiaries (PoolCorp). The plaintiffs allege that, between January 1, 2003 and the present, the defendants engaged in price-fixing and attempted monopolization of the U.S. market for the distribution of pool products.

After Labaton Sucharow’s filing, 26 cases alleging the same claims were filed. On April 17, 2012, the United States Judicial Panel on Multidistrict Litigation transferred all the cases pending across the country to the Eastern District of Louisiana for consolidation and coordinated pretrial proceedings.

As part of a settlement agreement with the Federal Trade Commission, PoolCorp agreed to immediately stop any anticompetitive activity it had been using to keep out new competitors in local markets around the nation on November 21, 2011. The settlement order also requires PoolCorp to put in place an antitrust compliance program to ensure it does not violate the terms of the order in the future.

On June 2, 2015, the court granted final approval of two settlements, $6.5 million with Hayward Industries, Inc. and $3.45 million with Zodiac Pool Systems Inc. On January 20, 2016, the court granted final approval of a $6 million settlement with the defendant Pentair Water Pool & Spa, Inc. The litigation continues against the remaining defendant, PoolCorp.

The case is In re Pool Products Distribution Market Antitrust Litigation, No.12-md-02328, (E.D. La.).