NOTICE OF PROPOSED SETTLEMENT WITH PPG INDUSTRIES, INC., PLAN OF DISTRIBUTION, AND APPLICATION FOR ATTORNEYS FEES AND EXPENSES

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1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA IN RE: FLAT GLASS ANTITRUST Master Docket Misc. No LITIGATION This Document Relates To: MDL No ALL ACTIONS IF YOU PURCHASED FLAT GLASS DIRECTLY FROM A DEFENDANT DURING THE PERIOD AUGUST 1, 1991 THROUGH DECEMBER 31, 1995, PLEASE READ THIS NOTICE YOU MAY BE ENTITLED TO CLAIM FUNDS FROM A CLASS ACTION SETTLEMENT NOTICE OF PROPOSED SETTLEMENT WITH PPG INDUSTRIES, INC., PLAN OF DISTRIBUTION, AND APPLICATION FOR ATTORNEYS FEES AND EXPENSES What Is This Lawsuit About? This case alleges price-fixing of flat glass products during the period from August 1, 1991 through December 31, The following companies were named as defendants: PPG Industries, Inc. ( PPG ), Libbey-Owens-Ford Company ( LOF ), Pilkington plc ( Pilkington ), AFG Industries Inc. ( AFG ), Ford Motor Company ( Ford ), and Guardian Industries Corp. ( Guardian ). Those companies are referred to in this Notice as the Defendants. Plaintiffs have claimed that all direct purchasers of flat glass products in the United States were overcharged by the Defendants between August 1, 1991 and December 31, 1995 (the Class Period ). The Defendants deny that they violated the rights of the class members, deny the existence of overcharges, and believe they have valid defenses to the claims. Previously Pilkington, LOF, AFG, Guardian and Ford settled the claims against them for a total of $61.7 million. Those settlements have been approved by the Court, and those funds, after deduction of fees and costs as awarded by the Court, have been distributed to Class members. This notice is to advise you of a proposed settlement with PPG, the last remaining defendant, for $60 million, subject to Court approval, plus up to $500,000 to pay for the costs of notice to members of the Class, administering the settlement and distributing the settlement funds to Class members who submit valid claims. NOTE: This settlement only involves direct purchases of flat glass products from the Defendants or their controlled subsidiaries. Purchases of automotive replacement glass ( ARG ) are not included. To determine if you are a Class Member, please carefully read the Class Definition section of this Notice.

2 Why Did I Receive This Notice? This Notice was sent to you because you (or your company) may have purchased flat glass products directly from the Defendants or their controlled subsidiaries during the Class Period. If you are a Class Member, and if you have not previously filed a notice seeking to exclude yourself from the Class, you are entitled to receive a portion of the cash Settlement Fund. In order to do so, you must submit a valid Proof of Claim form (accompanying this Notice) postmarked on or before February 21, Previously, Proof of Claim forms were mailed to Class Members in connection with the distribution of the prior settlements, along with a notice, dated April 25, If you have previously submitted a Proof of Claim form in connection with the distribution of the prior settlements, you need not submit a new form in order to participate in the distribution of funds from the settlement with PPG. All claim forms are subject to verification. Further details appear below regarding: (1) how to determine if you are a Class Member; (2) how the proposed distribution of the Settlement Fund will be calculated and made; and (3) how to file a claim. This Notice also provides information about a request by Class Plaintiffs counsel for an award of their attorneys fees and expenses incurred in litigating this case. The Court must approve the request for attorneys fees and expenses. What Is The Class Definition? To be a member of the Class you must have purchased flat glass products (as defined below) directly from a Defendant or its controlled subsidiaries at any time between August 1, 1991 and December 31, Moreover, you must not have previously excluded yourself from the Class pursuant to any prior notice. The Court has certified a Class of purchasers of flat glass products, defined as follows: All individuals and entities who, during the period from August 1, 1991 through December 31, 1995, purchased flat glass products in the United States directly from one or more of the Defendants or their controlled subsidiaries, but excluding Defendants, their parents, subsidiaries and affiliates and governmental entities. For purposes of this definition, the term flat glass products includes all primary flat glass (i.e., glass produced at the float plant) and all products subsequently fabricated therefrom, excluding: (1) glass sold to automobile manufacturers; (2) fabricated automotive replacement glass ( ARG ) for both domestic and foreign makes of vehicles; and (3) defendant LOF s TEC series of products: TEC 8/10, TEC 20, TEC 70, TEC 300, TEC 1000, OPTEC, and Mirro-TEC. Flat glass products includes, without limitation, primary flat glass sold by Defendants to automotive glass fabricators, other than automobile manufacturers. What Is The Status Of The Lawsuit? This case was filed in Originally, plaintiffs asserted claims on behalf of purchasers of flat glass products and of ARG. The Court certified a Class of direct purchasers of flat glass products on November 5, 1999 and February 16, The exact class definition appears above in the Class Definition section of this Notice. However, you should know that only persons who purchased flat glass products directly from the Defendants or their controlled subsidiaries are part of the Class for purposes of the settlement with PPG. Purchases of flat glass products from someone other than the Defendants or their controlled subsidiaries are not included. 2

3 In addition, the Court certified a class of purchasers of ARG for domestic makes of cars in the United States directly from Defendants or their controlled subsidiaries during the period from August 1, 1991 through December 31, However, as set forth below, all claims relating to purchases of ARG were subsequently dismissed by the Court. By prior Notices dated August 18, 1999 and November 7, 2001, notice was given that LOF, Pilkington, AFG, Guardian and Ford had entered into settlements with the Class totaling $61.7 million. These settlements included claims relating to both purchases of flat glass products and of ARG. Those Notices provided that Class Members could exclude themselves from the Class and the settlements with those Defendants. The settlements were finally approved by the Court by Orders dated February 16, 2000 and January 9, The deadline for Class Members to exclude themselves has passed. Thereafter, following a notice dated April 25, 2003 the funds from those settlements, after payment of approved fees and expenses, were distributed to Class Members who filed claims. After the Court approved the settlements with all the other Defendants and after merits discovery was completed, on May 29, 2003 the Court granted a motion for summary judgment dismissing plaintiffs claims in their entirety as to PPG. The Court also issued certain evidentiary rulings which limited the evidence that plaintiffs could have offered. Plaintiffs appealed from the dismissal of their claims and from certain of the evidentiary rulings. The United States Court of Appeals for the Third Circuit, in an Opinion dated September 29, 2004, reversed the grant of summary judgment as to the alleged flat glass products conspiracy, but affirmed the dismissal as to the alleged ARG conspiracy. Accordingly, all claims based upon purchases of ARG are no longer part of this case, and claims based upon purchases of ARG will not be entitled to receive a distribution from this settlement. The Court of Appeals also upheld certain evidentiary rulings, and remanded others for further consideration. Since then, plaintiffs and PPG have been preparing the action for trial as to the alleged flat glass products conspiracy, and have filed various motions and other papers with the Court concerning the conduct of the trial and the evidence to be offered. The trial was scheduled to commence on January 9, In the course of preparing the case for trial, at the suggestion of the Court, counsel for plaintiffs and counsel for PPG agreed to a mediation before the Honorable Arlin M. Adams, a former Judge of the United States Court of Appeals for the Third Circuit, to attempt to settle the action. As a result of this mediation, the parties have agreed to the proposed Settlement to resolve all remaining claims outstanding. The Settlement With PPG. The principal terms of the Settlement with PPG are summarized as follows: 1. Cash and Other Consideration for the Settlement: Subject to the terms and conditions of a Settlement Agreement dated October 19, 2005 (the Settlement ), PPG has paid $60 million (the Settlement Sum ), which amount has been deposited into an interest-bearing account for the benefit of the Class (the Settlement Fund ). In addition to the Settlement Sum, PPG has also agreed to pay up to an additional $500,000 to pay for the costs of notice to the Class, the administration of the Settlement, and the distribution of the Settlement Fund to Class members. 2. Release of Claims Against PPG: If the Settlement is approved and if such approval becomes final, this action will be dismissed with prejudice and without costs as against PPG and its predecessors, successors, and present or former parents, subsidiaries and affiliates and its present or former officers, directors, shareholders, attorneys, agents and employees shall be released and forever discharged from all manner of claims, demands, actions, suits, causes of action, whether class, individual or otherwise, including any claims for costs, expenses, penalties, or attorneys fees, known or unknown, suspected or 3

4 unsuspected, in law or in equity, on behalf of Class Plaintiffs and any and all members of the Class who have not timely excluded themselves (including any of their present or former parents, affiliates and subsidiaries, as well as any of their predecessors), arising under the antitrust laws of the United States or of any state or other jurisdiction, or under any similar statutory or common law, whether sounding in antitrust, unfair or deceptive trade practices or unfair competition, which have been, might have been, and are now or could now be asserted in the action based upon the allegations which have been made, and which relate to or arise out of any alleged unlawful conspiracy to fix, raise, maintain, and stabilize the prices of flat glass products in the United States during the period August 1, 1991 through December 31, THIS IS ONLY A SUMMARY OF THE SETTLEMENT AND YOU ARE REFERRED TO THE SETTLEMENT AGREEMENT ON FILE WITH THE CLERK OF THE COURT FOR ITS PRECISE TERMS AND CONDITIONS, OR YOU MAY CONTACT CLASS COUNSEL, IDENTIFIED BELOW. Your Rights As a Member of the Class. If you are a member of the Class, you will be entitled to receive the benefits of any judgment entered in favor of the Class relating to the Settlement that may be approved by the Court, if you did not previously exclude yourself from the Class. If you are a member of the Class, your rights in this litigation will be represented by the Class Representatives, and by Class Counsel identified below. As a Class Member, if the Settlement is approved by the Court, you will be entitled to receive the benefits of such Settlement. You will also be bound by the judgment releasing PPG. You will not be individually responsible for payment of attorneys fees or litigation costs and expenses in connection with this litigation. Any such fees and costs will be paid, after Court approval, out of the Settlement Fund. If I Am a Class Member and Wish to File a Claim, What Must I Do? Any Class Member who has not previously excluded itself and who has previously submitted a completed Proof of Claim form need not submit another Proof of Claim to participate in the Settlement. Proofs of Claim previously submitted will be used as a basis for distribution from the Settlement Fund. Any Class Member who has not previously submitted a Proof of Claim form and who wishes to participate in the distribution of the Settlement Fund must submit a completed Proof of Claim form postmarked on or before February 21, 2006, postage prepaid and properly addressed to the Claims Administrator at: Flat Glass Antitrust Litigation c/o Berdon Claims Administration LLC P.O. Box 9014 Jericho, NY

5 Proofs of Claim received by the Claims Administrator shall be deemed to have been submitted on the date of the postmark on the envelope if it is mailed first class and addressed in accordance with the above instructions. In all other cases, the Proof of Claim forms shall be deemed to have been submitted when actually received by the Claims Administrator. The Court has appointed Berdon Claims Administration LLC to act as Claims Administrator for the purpose of providing notice to the Class, administering the Settlement, determining the amount and validity of claims of Members of the Class, and distributing the Settlement Fund. The fees and expenses of the Claims Administrator shall be paid from the additional fund of up to $500,000 being paid by PPG for this purpose. How Will the Payment of Claims Be Calculated? Plaintiffs propose to distribute the Settlement Fund to claimants pro rata based on each claimant s purchases of flat glass products compared to all purchases of flat glass products by all claimants, after deducting from the Settlement Fund the court-approved attorneys fees and expenses. Distributions to Members of the Class who file valid claims shall be determined on the basis of their total Recognized Claim. The Recognized Claim of a member of the Class shall be equal to the dollar value of all purchases of flat glass products in the United States by that claimant directly from the Defendants or their controlled subsidiaries, from August 1, 1991 through December 31, Only direct purchases of flat glass products from any of the Defendants (i.e., PPG, LOF, Pilkington, AFG, Guardian and Ford) or their controlled subsidiaries in the United States may be claimed. Purchases from any other manufacturer, distributor, or retailer are not included and cannot be claimed. Purchases of ARG from any source, including Defendants, cannot be claimed. The distribution of proceeds to any particular member of the Class shall be calculated by dividing that Class Member s Recognized Claim by the total Recognized Claims of all Class Members who submit valid Proof of Claim forms. The Settlement Fund will be used to pay taxes relating to the income earned by the Settlement Fund; attorneys fees and expenses to plaintiffs counsel to the extent awarded by the Court; and any other and further expenses, as the Court may deem appropriate. After payment of the above, the Net Settlement Fund will be distributed to Class Members in accordance with this Plan of Distribution. Has a Request for Attorneys Fees and Expenses Been Made? Plaintiffs counsel will apply to the Court for an award of attorneys fees and reimbursement of actual expenses and costs incurred in the prosecution of this litigation, including the fees of any experts or consultants. Plaintiffs counsel, in compensation for their time and the risk in prosecuting the litigation on a wholly contingent fee basis, intend to apply to the Court for an award of attorneys fees in an amount not to exceed 30% of the Settlement Fund, plus interest, as well as reimbursement for their expenses actually incurred in the prosecution of the litigation in an amount not to exceed $1.5 million. What Should I Do to File a Claim? First, read the Class Definition carefully to verify that you are a Class Member. Next, you should review your records and confirm: (1) that you purchased flat glass products directly from a Defendant or its controlled subsidiaries during the Class Period; and (2) that you can substantiate your direct purchases during the Class Period. 5

6 Then, if you have not previously submitted a Proof of Claim form in connection with the distribution of the prior settlements, you should complete the attached Proof of Claim form, detailing your covered purchases of flat glass products. Carefully follow the instructions on the form for substantiating your claim. The Proof of Claim form must be signed and mailed to the Claims Administrator postmarked on or before February 21, Claims filed after the deadline may not be considered. When Will the Court Be Asked to Approve the Settlement, the Plan of Distribution and the Request for Attorneys Fees and Expenses? Pursuant to an Order of the Court, a hearing will be held at the United States Courthouse, 7th Avenue and Grant Street, Pittsburgh, PA 15219, at 1:00 p.m. on February 3, 2006, before the Honorable Donetta W. Ambrose for the purpose of determining whether to approve the proposed Settlement with PPG, the proposed Plan of Distribution, and the request for attorneys fees and expenses. The time and date of the hearing may be continued from time to time without further notice. Plaintiffs counsel will submit papers in support of the proposed Settlement with PPG, the Plan of Distribution, and the request for attorneys fees and reimbursement of expenses on or before January 4, It is not necessary to appear at the hearing. However, any member of the Class may appear at the hearing in person or by a duly authorized attorney (at the Class Member s expense) and show cause why the Court should not approve the Settlement with PPG, the Plan of Distribution or the request for attorneys fees and reimbursement of expenses, provided that, on or before January 13, 2006, he or she files with the Court a notice of intention to appear and a statement of the position to be asserted and the grounds therefor, together with copies of any supporting papers or briefs, with copies to the following attorneys for plaintiffs: COHEN, MILSTEIN, HAUSFELD KAPLAN FOX & KILSHEIMER LLP & TOLL, P.L.L.C. Robert N. Kaplan, Esq. Michael D. Hausfeld, Esq. 805 Third Avenue 1100 New York Avenue, N.W. New York, NY Washington, DC (212) (202) BARRACK RODOS & BACINE SPECTOR, ROSEMAN & KODROFF P.C. Jeffrey Gittleman, Esq. Eugene A. Spector, Esq Two Commerce Square 1818 Market Street 2001 Market Street Philadelphia, PA Philadelphia, PA (215) (215) Copies should also be sent to the following counsel for PPG: CRAVATH, SWAINE & DICKIE, McCAMEY & CHILCOTE, P.C. MOORE LLP James R. Miller, Esq. Paul M. Dodyk, Esq. Two PPG Place, Suite Eighth Avenue Pittsburgh, PA New York, NY (412) (212)

7 Additional Information This is only a summary of the case and the Settlement. Full copies of the pleadings and orders in this litigation are on public file with the United States District Court for the Western District of Pennsylvania at the address indicated below. The pleadings and other records may be examined and copied during regular hours at the Office of the Clerk, United States District Court for the Western District of Pennsylvania, 7th Avenue and Grant Street, Pittsburgh, PA Any questions that you may have concerning the matters contained in this Notice and in the attached Proof of Claim, or for additional copies, contact the Claims Administrator at: Flat Glass Antitrust Litigation c/o Berdon Claims Administration LLC P.O. Box 9014 Jericho, NY Telephone: (800) Fax: (516) Website: PLEASE DO NOT TELEPHONE OR ADDRESS ANY INQUIRIES TO THE COURT. Dated: November 23, 2005 BY ORDER OF THE COURT UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA 7

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