On December 30, 2008, Buchanan Ingersoll & Rooney attorneys Steven E. Bizar, Howard D. Scher, Thomas P. Manning and Landon Y. Jones obtained a significant victory for clients Arkema Inc. and Arkema France, as well as all antitrust defendants and class action defendants generally. Multiple publications, including The Legal Intelligencer, Law360 and Bloomberg, noted the decision is one that will affect the requirements for establishing a class in future actions.

The December 31, 2008, edition of The Legal Intelligencer ran an article on the front page, titled "Circuit Remands Price-Fixing Class Action." As explained in the article, "In a ruling that is sure to be required reading for antitrust lawyers, the 3rd U.S. Circuit Court of Appeals has vacated a lower court's decision to certify a class action over an alleged price-fixing conspiracy in the market for hydrogen peroxide."

"In its 55-page opinion in In re Hydrogen Peroxide Antitrust Litigation, the unanimous three-judge panel found that U.S. District Judge Stewart Dalzell had erred by failing to conduct a sufficiently 'rigorous analysis' before concluding that the proposed class would be able to prove 'antitrust impact' through common rather than individual evidence."

Also on December 31, 2008, Law360 published an article, titled "3rd Circ. Strikes Class Certification In Peroxide Suit," in which Buchanan attorney Steven Bizar was extensively quoted.

"[The decision] levels the playing field for plaintiffs and defendants on class action certification. It requires plaintiffs to make a showing for class certification," said Bizar. "It doesn't set an impossible wall, but they're not going to get carte blanche anymore."

Bizar went on to explain that "The precedent-setting decision falls in line with other circuit court positions on class certification and will affect all class actions based on federal statutes, including securities, employment benefits and racketeering laws."

On January 2, 2009, in a law update article on Bloomberg.com, the case was once again noted. In the article, Bizar explained that four other hydrogen-peroxide makers — Akzo Nobel NV, Evonik Industries AG, Solvay SA, and Kemira Oyj — had separately settled with plaintiffs' lawyers for a total of $87 million.

Bizar was also quoted in the January 5, 2008, edition of Global Competition Review in an article titled, "Appeals court remands peroxide class action."