Jeld-Wen alleges price fixing among four glass manufacturers

Sahely Mukerji, Glass Magazine
April 12, 2011
COMMERCIAL, RETAIL, AUTO, FABRICATION

Jeld-Wen, Klamath Falls, Ore., filed a complaint, March 28, in the U.S. District Court for the District of Oregon Medford Division, alleging that AGC Flat Glass North America, Alpharetta, Ga.; Guardian Industries, Auburn Hills, Mich.; Pilkington North America, Toledo, Ohio; and PPG Industries, Pittsburgh, “contracted, conspired or combined to fix, raise, maintain or stabilize prices of, and allocate business for, flat glass they sold in the United States during the claim period,” January 1, 2002, through at least December 31, 2006. Consequently, Jeld-Wen had to pay "inflated prices" for  approximately $100 million in glass products that it bought directly from the defendants during the claim period, the complaint states.

"Beginning at least as early as January 1, 2002, defendants agreed to and did fix, raise and maintain the prices of Flat Glass purchased by JELD-WEN during the Claim Period by imposing identical surcharges, such as "energy surcharges" and representing that these surcharges were necessary to offset increased prices of natural gas and electricity, when in fact, defendants' energy costs were not uniform and these "surcharges" were a ruse to allow them to raise prices. In addition, defendants announced and implemented a series of price increases during the Claim Period, pursuant to the conspiracy alleged herein," the Jeld-Wen complaint reads.

At press time, AGC, Guardian and PPG had not responded to Glass Magazine's request for comment. Pilkington declined to comment, as did Jeld-Wen.