IN RE ZINC ANTITRUST LITIGATION

Civil Action No. 14-cv-3728 (PAE)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

If you received a personalized notice in the mail or via email with a Claim Number and Control Number, please enter the codes you were provided below.

Please remember to enter the full Claim Number exactly as it appears on your personalized Notice, (i.e. 12345678).

Before submitting your claim, please be sure that you have your Claim Number and Control Number available. If you do not have a Claim Number or Control or do not know it, please contact the Settlement Administrator by email at info@SHGzincAntitrustSettlement.com.

PROOF OF CLAIM AND RELEASE

Please click the link for GENERAL INSTRUCTIONS

If you purchased LME U.S. Zinc from a primary zinc producer or Glencore Ltd. from September 14, 2010 to February 11, 2016 and paid the Platts Zinc Midwest Special High Grade premium or similar price premium in the United States, you may be eligible to receive a payment from the Settlement (as defined in the Notice) reached in In re: Zinc Antitrust Litigation, No. 14-cv-03728 (PAE) (S.D.N.Y.) (the “Action”).

The Notice of Class Action Settlement (“Notice”) that accompanies this Proof of Claim and Release (“Claim Form”) contains the definitions of the defined terms (which are indicated by initial capital letters) used in this Claim Form. The Notice also sets forth the details of the Settlement and the Plan of Allocation by which the settlement proceeds will be distributed to eligible claimants.

In order to become an eligible claimant, you must be a member of the Settlement Class (as defined in Question 6 of the Notice) and you must complete and submit this Claim Form. An electronic version of the Claim Form is available at www.SHGzincAntitrustSettlement.com which is maintained by the Claims Administrator, Angeion Group. Your Claim Form and supporting documentation must be submitted to the Claims Administrator so that it is postmarked by January 28, 2022 or submitted online by 11:59 Eastern time on January 28, 2022. Submission of this Claim Form does not ensure that you will receive any payment from the Settlement; you will only receive a payment if you are entitled to one under the Plan of Allocation described in the Notice and the Court finally approves the Settlement and Plan of Allocation.

Only include on this claim form your purchases of LME U.S. Zinc from a primary zinc producer or Glencore during the period from September 14, 2010 to February 11, 2016 in which you paid the Platts Zinc Midwest Special High Grade premium or similar price premium in the United States. Indirect purchases are not eligible.

TABLE OF CONTENTS

SECTION A – CLAIMANT INFORMATION

SECTION B – GENERAL INFORMATION

SECTION C – INSTRUCTIONS FOR COMPLETING THE PROOF OF CLAIM TABLE AND FOR PROVIDING SUPPORTING DOCUMENTATION

SECTION D – CERTIFICATION AND SIGNATURE

SECTION E – CLAIM FORM CHECKLIST

SECTION A – CLAIMANT INFORMATION

The Claims Administrator will use this information for all communications relevant to this Claim Form. If this information changes, please notify the Claims Administrator in writing. If you are a trustee, executor, administrator, custodian, or other nominee and are completing and signing this Claim Form on behalf of the Claimant, you must attach documentation showing your authority to act on behalf of the Claimant (see Section B.7 of the Claim Form, below).

Section 1 – Claimant Information

Section 2 – Authorized Representative Information

* Required Fields
SECTION B – GENERAL INFORMATION
  1. It is important that you read the Notice that accompanies this Claim Form. The Notice and Plan of Allocation described therein explain, among other things:
    1. Who is a member of the Settlement Class, and therefore qualifies to file this Claim Form;
    2. The proposed Settlement which, if granted final approval by the Court, will resolve this class action lawsuit in its entirety;
    3. The consideration provided by Defendants to settle this class action lawsuit, which is $9,850,000;
    4. How Settlement Class Members will be affected by the Settlement, including the Releases to which Settlement Class Members will be subject, if the Settlement is granted final approval by the Court; and
    5. The manner in which the Settlement proceeds will be distributed, if the Court grants final approval of the Settlement and Plan of Allocation.
  2. Defendants Glencore Ltd. (“Glencore”) and Access World (USA) LLC (f/k/a Pacorini Metals USA, LLC) (“Access World”) have settled the claims brought in this Action alleging they unlawfully monopolized or attempted to monopolize the market for physical zinc, specifically Special High Grade Zinc (“SHG Zinc”), in violation of Section 2 of the Sherman Act, and that Defendants were unjustly enriched as a result of their conduct. Glencore and Access World deny that the allegations made against them in the Action have merit, deny that they engaged on any wrongdoing, and have asserted a number of defenses to the claims asserted against them.
  3. To be eligible to receive a payment from the Settlement, you must submit a completed Claim Form and supporting documentation. To be considered timely, your Claim Form and supporting documentation must be submitted to the Claims Administrator so that it is postmarked no later than January 28, 2022 or submitted online by 11:59 p.m. Eastern time on January 28, 2022.
    1. To submit a Claim Form and supporting documentation electronically, use this web portal.
    2. To submit a Claim Form and supporting documentation via mail, send your completed Claim Form and supporting documentation to the Claims Administrator addressed as follows:

      In re: Zinc Antitrust Litigation
      c/o Settlement Administrator
      1650 Arch Street, Suite 2210
      Philadelphia, PA 19103
      1-855-967-3548

    3. Supporting documentation submitted by mail may be provided on a flash drive.
  4. Separate Claim Forms should be submitted for each separate legal entity. Conversely, a single Claim Form should be submitted on behalf of one legal entity, no matter how many separate accounts by which that entity purchased SHG Zinc from a primary zinc producer or Glencore and paid the Platts Zinc Midwest Special High Grade premium or similar price premium. If you receive multiple copies of the Claim Form for each legal entity, complete only one Claim Form covering all of your qualifying purchases for that entity. Do not submit duplicate claims.
  5. Submission of a Claim Form does not guarantee that you will receive a payment from the Settlement. Payment from the Settlement proceeds to Authorized Claimants will be governed by the Plan of Allocation described in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
  6. By submitting a signed Claim Form, you will be swearing to the truth of the statements contained in it and the accuracy of the supporting documentation you provide. The making of a false statement or submission of fraudulent supporting documentation will result in rejection of your claim.
  7. Your entitlement to a payment from the Settlement will also be determined based on your completion of the Table below and the supporting documentation you provide.
  8. Trustees, executors, administrators, custodians or other nominees who are completing and signing this Claim Form on behalf of a Claimant must also submit:
    1. A description of the capacity in which they are acting (supporting documentation required); and
    2. Evidence of their authority to bind the person or entity on whose behalf they are acting.
  9. If you have any questions concerning this Claim Form, or need additional copies of the Claim Form or the Notice, you should contact the Claims Administrator.
  10. Do not send your Claim Form to the Court or to any of the parties or their counsel.
SECTION C – INSTRUCTIONS FOR COMPLETING THE PROOF OF CLAIM TABLE AND FOR PROVIDING SUPPORTING DOCUMENTATION
  1. You must complete the Table below in order to be eligible to share in the Settlement proceeds. You must also provide supporting documentation so that the Claims Administrator can verify your entries. You may provide your supporting documentation in electronic form by following the instructions in Section B.2 above.
  2. The supporting documentation you provide must consist of business records sufficient to support each of your purchases in the Table below, including whether the volumes purchased are in pounds or tons. For purchases from a primary zinc producer other than Glencore Ltd., please provide the full name and address of each producer.
  3. It is preferred, but not required, that this supporting documentation be provided in an Excel spreadsheet or other generally accepted formats such as a comma separated value (CSV) text format. The information should be provided in a clear and self-explanatory manner, including descriptions for each column or field.

PROOF OF CLAIM TABLE

SCHEDULE OF PURCHASES: GENERAL WORKSHEET

Please fill out the chart below listing the amounts purchased (please report the number in pounds) and the purchase totals for Defendant Glencore (if applicable) and/or any other primary zinc producer and the year of the Class Period (September 14, 2010 through February 10, 2016) in which you directly purchased SHG zinc and paid the Platts Zinc Midwest SHG premium or similar price premium in the United States. If you have questions regarding completion of the schedule of purchases, please contact the Claims Administrator by email at info@SHGzincAntitrustSettlement.com or by calling 1-855-967-3548. INDIRECT PURCHASES ARE NOT ELIGIBLE.

Name of Primary SHG Zinc Producer

Year Purchased
Glencore Ltd
Specify # of Pounds/Tons Purchased Amount Purchased Specify # of Pounds/Tons Purchased Amount Purchased Specify # of Pounds/Tons Purchased Amount Purchased Specify # of Pounds/Tons Purchased Amount Purchased
Sept. 14, 2010 - Dec. 31, 2010

OR
$

OR
$

OR
$

OR
$
2011

OR
$

OR
$

OR
$

OR
$
2012

OR
$

OR
$

OR
$

OR
$
2013

OR
$

OR
$

OR
$

OR
$
2014

OR
$

OR
$

OR
$

OR
$
2015

OR
$

OR
$

OR
$

OR
$
Jan. 1, 2016 - Feb. 11, 2016

OR
$

OR
$

OR
$

OR
$
TOTAL AMOUNT PURCHASED (Required)


Name of Primary SHG Zinc Producer

Year Purchased
Specify # of Pounds/Tons Purchased Amount Purchased Specify # of Pounds/Tons Purchased Amount Purchased Specify # of Pounds/Tons Purchased Amount Purchased Specify # of Pounds/Tons Purchased Amount Purchased
Sept. 14, 2010 - Dec. 31, 2010

OR
$

OR
$

OR
$

OR
$
2011

OR
$

OR
$

OR
$

OR
$
2012

OR
$

OR
$

OR
$

OR
$
2013

OR
$

OR
$

OR
$

OR
$
2014

OR
$

OR
$

OR
$

OR
$
2015

OR
$

OR
$

OR
$

OR
$
Jan. 1, 2016 - Feb. 11, 2016

OR
$

OR
$

OR
$

OR
$
TOTAL AMOUNT PURCHASED (Required)

SECTION D – SUPPORTING DOCUMENTATION

Submit your supporting documents below. You may also submit additional documentation later using the "Upload Documentation" tab.

Instructions

  • Click on the "Choose File" button.
  • Select a document to upload.
  • Type a brief description of the document in the "File Description" box (ex: purchase invoice 2/2/2011).
  • Click the blue "Add File" button.
  • Make sure the name of the file appears in the box under "File List".
  • Repeat the same steps to add additional documents.

Accepted file types are: PDF, TIF, JPG, GIF, PNG. Other file types will be rejected. Please confirm in the grid below that your file has been successfully uploaded.

File List: No Files Selected

    SECTION E - CERTIFICATION & SIGNATURE

    BY SIGNING AND SUBMITTING THIS CLAIM FORM, CLAIMANT OR CLAIMANT’S REPRESENTATIVE CERTIFIES AS FOLLOWS:

    1. I (we) have read the Notice and this Claim Form.
    2. Claimant is a member of the Settlement Class (as defined in the Settlement Agreement and described in answer to FAQ 6) and is not one of the entities or individuals excluded from the Settlement Class (as is also described in the Notice).
    3. Claimant has not submitted a Request for Exclusion (as described in answer to FAQ 13).
    4. Claimant has not submitted any other claim covering the same transactions and knows of no other person having done so on its/their/his/her behalf.
    5. Claimant acknowledges that, as of the Effective Date of the Settlement (as defined in the Settlement Agreement and described in answer to FAQ 19), it shall be bound to the Release set forth in the Settlement Agreement. Specifically, Claimant as a Releasing Party acknowledges that it will be deemed to have released the Defendants and certain of their related entities and persons (called the “Released Parties”) as follows: Upon the Effective Date and in consideration of payment of the Settlement Amount into the Escrow Account, Releasing Parties shall be deemed to and do completely remise, release, acquit, and forever discharge Released Parties from any and all claims, including Unknown Claims (as defined below), demands, actions, suits, injuries, and causes of action, parens patriae actions, cross-claims, counter-claims, charges, judgments, obligations, debts, setoffs, rights of recovery, liabilities, or damages of any nature, whenever or however incurred (whether actual, punitive, treble, compensatory, or otherwise), including claims for costs, fees, expenses, penalties, and attorneys’ fees, whether class or individual, regardless of whether those claims currently exist, are known, or have matured, that the Releasing Parties, or any of them, ever had, now has, or hereafter can, shall or may have, directly, representatively, derivatively, or in any other capacity against any of the Released Parties, whether state or federal, whether in law or equity or otherwise, that was alleged or could have been alleged in the Action based on, arising out of or relating in any way, in whole or in part, to any conduct, act, or omission alleged in the Action, or could have been alleged in the Action or that forms a factual predicate of the Action, from the beginning of time until the Execution Date, including, without limitation, any such claim under any federal or state antitrust, anti-manipulation, unfair competition, unfair practices, fraud, racketeering, price discrimination, unjust enrichment, unitary pricing or trade practice law (the “Released Claims”). (Please see Section D of the Settlement Agreement for additional information regarding the Release.) And Claimant acknowledges that it shall forever be enjoined from prosecuting any or all of the Released Claims against any of the Released Parties (as defined in the Settlement Agreement and described in answer to FAQ 12).
    6. Claimant submits to the jurisdiction of the Court with respect to this Claim Form and for purposes of enforcing the releases set forth in the Settlement Agreement, if approved by the Court.
    7. Claimant agrees to furnish such additional information with respect to this Claim Form as the Claims Administrator or the Court may require; and
    8. Claimant acknowledges that it will be bound by and subject to the terms of any Final Judgment and Order of Dismissal that may be entered by the Court in this Action.

    I (WE) CERTIFY, UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF AMERICA, THAT ALL OF THE INFORMATION PROVIDED BY ME (US) ON THIS CLAIM FORM AND ALL SUPPORTING DOCUMENTATION PROVIDED IN CONNECTION WITH THIS CLAIM FORM IS TRUE, CORRECT AND COMPLETE.

    YOUR CLAIM FORM MUST BE POSTMARKED BY JANUARY 28, 2022 OR SUBMITTED ONLINE BY 11:59 PM EASTERN TIME ON JANUARY 28, 2022

    You should be aware that it could take a significant amount of time to fully process all Claim Forms. Please notify the Claims Administrator of any change of address.

    SECTION F - CHECKLIST REGARDING CLAIM FORM
    1. Fill out Section A – Claimant Identification.
    2. Read about the Action and Settlement in Section B – General Information and in the Notice.
    3. Complete the Table in Section C and submit the required supporting documentation as described in Section C.1 through C.3.
    4. Do not send original documentation or records. These items cannot be returned to you by the Claims Administrator.
    5. Keep a copy of your completed Claim Form and any supporting documentation or documentation you submit.
    6. Read the Certifications and sign your Claim Form.
    7. Submit the completed Claim Form and supporting documentation by mail or electronically as follows: To be considered timely, your Claim Form and supporting documentation must be submitted to the Claims Administrator so that it is postmarked by January 28, 2022 or submitted online by 11:59 p.m. Eastern time on January 28, 2022.
      1. To submit a Claim Form and supporting documentation electronically, use this portal.
      2. To submit a Claim Form and supporting documentation via mail, send your completed Claim Form and supporting documentation to the Claims Administrator addressed as follows:

        In re: Zinc Antitrust Litigation
        c/o Settlement Administrator
        1650 Arch Street, Suite 2210
        Philadelphia, PA 19103
        1-855-967-3548

      3. Supporting documentation submitted by mail may be provided on a flash drive.
    8. If your address changes in the future, or if the Claim Form was sent to an old or incorrect address, please contact the Claims Administrator using the contact information provided above.
    9. If you have any questions or concerns regarding your claim, please contact the Claims Administrator using the contact information provided above.

    Your Claim Form has been submitted successfully.

    HOWEVER, it appears one or more of the documents you uploaded were not successfully received. Please see below for which file(s) had errors and log back in to your existing Claim online to re-upload your document(s). Alternatively, you can send your documents with your Submitted Claim ID to the Settlement Administrator by email to: info@SHGzincAntitrustSettlement.com.

    Please print this page for your records.

    Your Claim Details

    Claim Number:
    Control Number:
    You will need the above Submitted Claim ID and Confirmation Code if you would like to edit your Claim at a later time, so please print this page for your records.
    CLAIM INFORMATION
    Claimant Name
    Street Address
    City
    State
    Zip Code
    Telephone Number
    Email Address
    Signature
    Date

    If you have any questions regarding your Claim, please provide the Submitted Claim ID listed above and email us at info@SHGzincAntitrustSettlement.com

    Click here to edit your Claim.