Analysis Group Supports BASF’s Successful Vehicle Fuel Vapor Canister Antitrust Matter

September 28, 2021

An Analysis Group team provided antitrust liability and damages testimony in support of King & Spalding client BASF in a successful antitrust suit against Ingevity. The case, Ingevity Corp., et al. v. BASF Corp., included antitrust and other counterclaims brought by BASF following Ingevity’s failed patent infringement suit over its US Patent No. RE38,844, “Method for Reducing Emissions from Evaporative Emissions Control Systems.” In its counterclaims, BASF accused Ingevity of violating Sections 1 and 2 of the Sherman Act and Section 3 of the Clayton Act by entering into exclusive agreements and tying arrangements pertaining to the sale of carbon adsorbent products used in certain automotive fuel vapor canisters.

Analysis Group Vice President Divya Mathur testified before a jury that Ingevity’s conduct was anticompetitive and BASF had been foreclosed from the marketplace due to Ingevity’s conduct. As a result of Ingevity’s anticompetitive conduct, Dr. Mathur determined that BASF had suffered significant lost profits on certain carbon “honeycomb” products used in the manufacture of vehicle fuel vapor capture canisters to meet US emissions regulations. Following a seven-day trial in the US District Court for the District of Delaware, a jury found in favor of BASF on all claims.

A team led by Managing Principal Lauren Kindler and Vice President Brian Ellman, and including Manager Alex Fiore, supported Dr. Mathur in preparing her testimony.