Pool Products Distribution Market
Antitrust Litigation
www.PoolProductsAntitrustLitigation.com

Frequently Asked Questions

Helpful Hint: Using the general subject of your question may provide the best search results. For example, enter the word "hearing" in the search box to find information about the Fairness Hearing.



The lawsuit alleges 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. The lawsuit claims that, as a result, Plaintiffs paid more for Pool Products purchased from PoolCorp than they otherwise would have paid.

Defendants have denied all of these claims and have asserted various defenses to the claims. The Court has not made any decision as to the merits of the Plaintiffs’ allegations.

(back to top)

The Defendants are: Pool Corporation; SCP Distributors LLC; Superior Pool Products LLC; Hayward Industries, Inc.; Pentair Water Pool and Spa, Inc.; and Zodiac Pool Systems, Inc.

(back to top)

In a class action, one or more individuals or companies, called class representatives, sue on behalf of others who have similar claims. The Class Representatives in this case are Aqua Clear Pools & Decks, A Plus Pools Corp., Liquid Art Enterprises d/b/a Carl Boucher, Oasis Pool Service, Inc., Pro Pool Services, SPS Services, LLC d/b/a Premier Pools & Spas, and Thatcher Pools, Inc. The class representatives and the individuals or companies with similar claims are individually class members, together comprising a class. One court resolves the settlement related issues for all class members, except for those who exclude themselves from the class. Chief U.S. District Judge Sarah S. Vance is in charge of this class action.

(back to top)

The Court has previously granted final approval to Settlements with Hayward and Zodiac. Therefore, the lawsuit has been dismissed as to only Hayward and Zodiac.

You may have received notice of the Hayward and Zodiac Settlements previously. If you submitted a claim form in connection with the Hayward and Zodiac Settlements, you do not need to submit a new claim form for your claim to be considered in the Pentair Settlement. (See Question 8 for more information about submitting a claim form.)

(back to top)

Pentair has denied all liability in this case and has asserted various defenses to the Plaintiffs’ claims. The Court did not decide in favor of the Plaintiffs or Pentair. Instead, both sides agreed to the Pentair Settlement. That way, they avoid the cost and risk of a trial, and the class members affected will get compensation. The Class Representatives and Class Counsel think the Pentair Settlement is best for all class members. The case is continuing against PoolCorp.

(back to top)

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.

(back to top)

Under the Hayward Settlement, Hayward has agreed to pay $6.5 million in cash (“the Hayward Settlement Fund”). Under the Zodiac Settlement, Zodiac has agreed to pay $3.45 million in cash (“the Zodiac Settlement Fund”). Under the Pentair Settlement, Pentair has agreed to pay $6.0 million in cash (“the Pentair Settlement Fund”). Hayward, Zodiac, and Pentair will also provide cooperation in Plaintiffs’ continuing lawsuit against the Non-Settling Defendants. This cooperation may include the explanation of previously produced transactional data and authentication of documents and certification as to business records. Details about the cooperation are set forth in the Settlement Agreements, which have been filed with the Court and may be viewed here.

(back to top)

Settlement Class Members must submit a claim by December 11, 2015 to be eligible to receive a payment from the Pentair Settlement.

If you are a Settlement Class Member and do not exclude yourself from the class, you are eligible to get a payment. If you have already submitted a claim form in connection with the Hayward and Zodiac Settlements, you do not need to submit a claim form again for it to be considered in the proposed Pentair Settlement. Settlement Class Members who submit a claim by December 11, 2015 (the last date set by the Court to submit claims in the Hayward and Zodiac Settlements), and who have not timely excluded themselves from any of the three settlements, will be eligible to receive a payment from the Pentair Settlement and a payment from the Hayward and Zodiac Settlements. If you have timely excluded yourself from one or more of the three Settlements, you will not be eligible to receive a payment from that Settlement or Settlements.

If you have not submitted a claim form in the Hayward or Zodiac Settlements, and you wish to have a claim considered in the Pentair Settlement, then you need to fill out the enclosed claim form and include all the information the form requests. Be sure to sign it, and mail it by first-class mail in the enclosed envelope postmarked no later than December 11, 2015 to the address below.

Pool Products Distribution Market Antitrust Litigation
(Direct Purchasers)
c/o GCG
P.O. Box 10095
Dublin, OH 43017-6695

If the Court approves the Pentair Settlement (see “The Court’s Fairness Hearing” below), at a later date payments from the Pentair Settlement Fund will be distributed to Class Members who submit valid and timely claims. In the interim you should maintain all of your records of purchases of Pool Products from Pool Corp during the period November 22, 2007 through November 21, 2011. The Claims Administrator for the Settlement will contact you if more information is needed to determine whether your claim is valid.

There are specialized companies that may offer to fill out and file your claim in return for a percentage of the value of your claim. The Court has not authorized any of these companies to contact you. Before you sign a contract with one of these companies, you should examine the claim-filing process provided here and decide whether using a specialized company is worth the cost. You can always seek help free of charge from the Claims Administrator or Class Counsel.

(back to top)

Class Counsel has proposed a Plan of Allocation describing the division of the Hayward, Zodiac, and Pentair Settlement Funds among class members.

Under the Plan of Allocation, part of the Hayward Settlement Fund, the Zodiac Settlement Fund, and the Pentair Settlement Fund each will be used to pay attorneys’ fees and expenses approved by the Court. Class Counsel will deduct attorneys’ fees and expenses from the Hayward Settlement Fund, the Zodiac Settlement Fund, and the Pentair Settlement Fund in proportion to each individual Settlement’s contribution to the $15.95 million that the three Settlement Funds represent. The remaining amounts (the “Net Hayward Settlement Fund,” the “Net Zodiac Settlement Fund,” and the “Net Pentair Settlement Fund,” respectively) will be distributed to class members that submit valid and timely claims.

The Net Hayward Settlement Fund, the Net Zodiac Settlement Fund, and the Net Pentair Settlement Fund will be distributed on a pro rata basis among all Class Members who submit valid and timely claim forms. In other words, each Settlement Class Member shall be paid a percentage of the Net Hayward Settlement Fund, the Net Zodiac Settlement Fund, and the Net Pentair Settlement Fund that each class member’s recognized claim bears to the total of all recognized claims submitted by all Class Members who file claims, as to each Settlement.

As further described below, if a Class Member excludes itself from one, two, or all of the Hayward, Zodiac, or Pentair Settlement Classes, it will not be able to share in the distribution from the Net Settlement Fund for the Settlement from which the Class Member elects to be excluded.

The deadline to object to the Hayward and Zodiac Settlements was April 9, 2015. If you wish to object to the Pentair Settlement, you must file your objection by December 11, 2015 as described in Question 17 below.

(back to top)

The Net Hayward Settlement Fund, the Net Zodiac Settlement Fund, and the Net Pentair Settlement Fund will be distributed to class members at a later time after the claim forms are distributed and processed by a Claims Administrator, and the Court has authorized distribution.

(back to top)

Unless you exclude yourself from one, two, or all of the Hayward, Zodiac, or Pentair Settlement Classes, you are staying in the class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against Hayward, Zodiac, or Pentair about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you.

In exchange for the consideration provided, each of the Settlement Agreements provides that there will be a release of claims against Hayward, Zodiac, and Pentair and the Releasees (as defined in ¶18 of each of the Hayward and Zodiac Settlement Agreements and as defined in ¶19 of the Pentair Settlement Agreement). The Hayward, Zodiac, and Pentair Settlement Agreements, however, do not release any claims relating to payment disputes, physical harm, defective product, or bodily injury, or claims based upon purchases of Pool Products outside of the United States (the “Excepted Claims”), and do not include any claims against any Non-Settling Defendant. The Settlement Agreements with Hayward, Zodiac, and Pentair each provide the specific and full terms of the releases as to Hayward, Zodiac, and Pentair, but broadly the Agreements completely release, acquit, and forever discharge Hayward, Zodiac, and Pentair and the Releasees from any and all other claims arising at any time prior to the execution date of the respective Settlement Agreements under antitrust, unfair competition, or similar statutes relating to the supply, pricing, marketing, distribution, and sale of Pool Products by Hayward, Zodiac, Pentair or any Defendants in the U.S. or its territories or possessions.

The Hayward, Zodiac, and Pentair Settlement Agreements, which are available here, more fully describe the legal claims that you give up if you stay in the class.

(back to top)

The deadline for excluding yourself from the Hayward or Zodiac Settlements was April 9, 2015.

To exclude yourself from the Pentair Settlement Class, you must send a letter saying that you want to be excluded from the class. The letter must include the following information:

  • A statement indicating that you want to be excluded from the Pentair Settlement Class.
  • The case name: In Re: Pool Products Distribution Market Antitrust Litigation, 2:12-md-02328-SSV-JCW (E.D. La.).
  • Your name, address, telephone number, and your signature.
  • All trade names or business names and addresses you and/or your business have used, as well as any subsidiaries or affiliates who are requesting to be excluded from the class.

Your letter must be postmarked by December 11, 2015 and sent to:

Pool Products Distribution Market Antitrust Litigation
c/o GCG
PO Box 10095
Dublin, OH 43017-6695

If you ask to be excluded from the Pentair Settlement Class, you will not get any payment from the Net Settlement Fund for the Settlement and you cannot object to the Settlement from which you excluded yourself.

Unless you exclude yourself, if the Pentair Settlement is approved by the Court, you give up any right to sue Pentair for the claims that the Pentair Settlement resolves. If you have a pending lawsuit against Pentair involving the same legal issues in this case, speak to your lawyer in that case immediately. (You must exclude yourself from this class in order to continue your own lawsuit against Pentair).

(back to top)

Yes. Because there are three separate proposed settlements (the Hayward Settlement, the Zodiac Settlement, and the Pentair Settlement), you will need to decide, for each, whether to exclude yourself from the Settlement Class, or whether to remain in the Settlement Class for each of them.

(back to top)

No. If you decide to exclude yourself from the Hayward, Zodiac, and Pentair Settlement Classes, you will not be able to get money from any proposed settlement. If you exclude yourself from only one or two, but not all, of the proposed Settlement Classes, you will be eligible to receive payment only from the proposed settlement(s) for which you have not excluded yourself.

(back to top)

Yes. The Court has appointed Russ H. Herman of Herman, Herman & Katz LLC, Robert N. Kaplan of Kaplan Fox & Kilsheimer LLP, Ronald J. Aranoff of Bernstein Liebhard LLP, and Jay L. Himes of Labaton Sucharow LLP (“Class Counsel”) to represent the class on an interim basis, and for purposes of the Hayward, Zodiac, and Pentair Settlements. You will not be charged for these lawyers. If you want to be represented by your own lawyer and have that lawyer appear in court for you concerning the Pentair Settlement, you may hire one at your own expense.

(back to top)

You are not personally responsible for payment of attorneys’ fees or expenses for Class Counsel. In its Order and Reasons, the Court approved from the Hayward Settlement Fund and the Zodiac Settlement Fund Class Counsel’s request for attorneys’ fees and reimbursement for costs and expenses incurred in the prosecution of the lawsuit.

Class Counsel will ask the Court to approve from the Pentair Settlement Fund an award of attorneys’ fees and reimbursement for costs and expenses incurred in the prosecution of the lawsuit in an amount not to exceed $2,000,000 for the Pentair Settlement (one-third of the Settlement).

(back to top)

The deadline to object to the Hayward and Zodiac Settlements was April 9, 2015.


You can object to the Pentair Settlement if you are a member of the Settlement Class and have not opted out of the Pentair Settlement Class. You can object if you do not like any part of the Pentair Settlement, the Plan of Allocation or the Request for Attorneys’ Fees and Reimbursement of Expenses. You can give reasons for your objections. The Court will consider your views.

To object, you must send a letter to the Court that includes the following:

  • A statement indicating that you object to the Pentair Settlement, or the Plan of Allocation or the Request for Attorneys’ Fees and Reimbursement of Expenses, in In Re: Pool Products Distribution Market Antitrust Litigation, 2:12-md-02328-SSV-JCW (E.D. La.).
  • Your name, address, telephone number, and your signature;
  • The reasons you object.
  • Proof of your membership in the class, such as invoices showing that you satisfy the definition in Question 6.

You must file the objection with the Court at the following address, received by December 11, 2015:

Clerk of Court
United States District Court
for the Eastern District of Louisiana
500 Poydras Street
New Orleans, LA 70130

You must also mail copies of the objections to the following attorneys, received by December 11, 2015:

Liaison Counsel and Executive Committee Counsel for the Direct Purchaser Plaintiffs and the Class
Russ M. Herman
HERMAN, HERMAN & KATZ LLC
820 O’Keefe Avenue
New Orleans, LA 70113
Robert N. Kaplan
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, New York 10022
Jay L. Himes
LABATON SUCHAROW LLP
140 Broadway
New York, NY 10005
Ronald J. Aranoff
BERNSTEIN LIEBHARD LLP
10 East 40th Street, 22nd Floor
New York, NY 10016
Counsel for Pentair Water Pool and Spa, Inc.
Michael J. Lockerby
FOLEY & LARDNER LLP
Washington Harbour
3000 K Street, N.W., Suite 600
Washington, D.C. 20007-5143
(202) 672-5300
mlockerby@foley.com

(back to top)

Objecting is simply telling the Court that you do not like something about one, two, or all of the Hayward, Zodiac, and Pentair Settlements, or about the Plan of Allocation, or about the Request for Attorneys’ Fees and Reimbursement of Expenses. You can object to the Hayward, Zodiac, and/or Pentair Settlements only if you stay in the class for the Settlement that you object to. If you exclude yourself from any of the Hayward, Zodiac, or Pentair Settlements, you have no right to object as to the Settlement from which you have excluded yourself because that Settlement no longer affects you.

(back to top)

The Court will hold a Fairness Hearing at 10:00 a.m. on January 8, 2016, at the United States District Court for the Eastern District of Louisiana, 500 Poydras Street, New Orleans, LA 70130. The hearing may be moved to a different date or time without additional notice, so you should check the settlement website www.PoolProductsAntitrustLitigation.com before making travel plans. At the Fairness Hearing, the Court will consider whether the Pentair Settlement is fair, reasonable, and adequate and whether to approve the Plan of Allocation and the Request for Attorneys’ Fees and Reimbursement of Expenses. Chief Judge Vance will listen to Class Members who have asked to speak at the hearing. If there are objections or comments, the Court will consider them at this time. After the hearing, the Court will decide whether to approve the Pentair Settlement, the Plan of Allocation, and the Request for Attorneys’ Fees and Reimbursement of Expenses. We do not know how long this decision will take.

(back to top)

No. Class Counsel will be prepared to answer any questions the Court may have at the hearing. However, you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to court to explain. As long as you mailed your written objection on time as set out in this Notice, the Court will consider it. You may also pay another lawyer to attend, but it is not required.

(back to top)

Yes. You may ask the Court for permission to speak at the Fairness Hearing. If you wish to do so, you are encouraged to send a letter stating the following:

  • “Notice of Intention to Appear in In Re: Pool Products Distribution Market Antitrust Litigation, 2:12-md-02328-SSV-JCW (E.D. La.)."
  • The position you will take and your reasons;
  • Your name, address, telephone number, and your signature; and
  • Proof of your membership in the class, such as invoices showing that you satisfied the definition in Question 6.

Your Notice of Intention to Appear must be filed with the Court at the following address, received by December 11, 2015:

Clerk of Court
United States District Court
for the Eastern District of Louisiana
500 Poydras Street
New Orleans, LA 70130

You must also mail copies of the Notice of Intention to Appear to the attorneys listed in Question 17 above, so they are received by December 11, 2015.

(back to top)

If you do nothing, you will remain in the class for the Pentair Settlement. If you remain in the class and have not already submitted a Claim Form in the Hayward and Zodiac Settlements, to qualify for a payment, you must send in a Claim Form.

(back to top)

More details are in the Hayward, Zodiac, and Pentair Settlement Agreements. You can get copies of the Settlement Agreements here.

(back to top)

If you have questions or want more information, you can contact the Claims Administrator toll-free at 1-844-322-8225 or write to any of the following counsel for Plaintiffs:

Russ M. Herman
HERMAN, HERMAN & KATZ LLC
820 O’Keefe Avenue
New Orleans, LA 70113
Robert N. Kaplan
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, New York 10022
Jay L. Himes
LABATON SUCHAROW LLP
140 Broadway
New York, NY 10005
Ronald J. Aranoff
BERNSTEIN LIEBHARD LLP
10 East 40th Street, 22nd Floor
New York, NY 10016

(back to top)