Hexcel Corporation v. Ineos Polymers, Inc.

Plaintiff-Appellant Hexcel Corporation (Hexcel) sued Defendant-Appellee Ineos Polymers, Inc., formerly known as BP Amoco Polymers, Inc. (BP Amoco) on November 26, 2008 for antitrust injuries it allegedly suffered as the result of a carbon fiber price-fixing scheme, beginning in 1992. To avoid the effect of the applicable four-year statute of limitations, 15 U.S.C. § 15b, Hexcel contends that the statute of limitations was tolled due to fraudulent concealment by BP Amoco. Hexcel contends that because of BP Amoco’s fraudulent concealment, it neither knew, nor could have known, of its potential claims until the conclusion of its own internal investigation in February 2001.

Hexcel was aware of, and likely even participated in the alleged carbon fiber price-fixing scheme, throughout the 1990s. Hexcel’s involvement in this scheme led to its being subpoenaed in January 1999, along with other carbon fiber producers BP Amoco,' Toray, and Toho, by a federal grand jury that was investigating a possible industry-wide price-fixing conspiracy. Hexcel confirmed its knowledge of widespread anticompetitive practices in its annual Form 10-K disclosures in March 1999. Based upon the…