Capacitors Antitrust Settlement

YOUR LEGAL RIGHTS AND OPTIONS
SUBMIT A CLAIM FORM	The only way to be eligible to receive a payment.	March 23, 2020
EXCLUDE YOURSELF	You will not be included in the Settlement(s) from which you exclude yourself. You will receive no benefits from the Settlement(s) from which you exclude yourself, but you will keep any rights you currently have to sue the Settling Defendants about the claims in the case(s) from which you exclude yourself.	December 23, 2019
DO NOTHING NOW	You will be included in these Settlements. If you do not submit a Claim Form you will not be eligible to receive a payment. If you do not exclude yourself from these Settlements, you will give up your rights to sue these Settling Defendants about the claims in the lawsuit.
OBJECT TO THE SETTLEMENTS	If you do not exclude yourself, you can write to the Court explaining why you disagree with these Settlements.	December 23, 2019
GO TO HEARING	The Court will consider whether the Settlements are fair, reasonable, and adequate. The Fairness Hearing was originally scheduled for January 23, 2020, but has been moved to April 16, 2020.	April 16, 2020

• A class action lawsuit brought on behalf of indirect purchasers of electrolytic and film capacitors (“Capacitors”) is currently pending. Capacitors are electronic components that store electric charges between one or more pairs of conductors separated by an insulator.

• Plaintiffs claim that Defendants and co-conspirators engaged in an unlawful conspiracy to fix, raise, maintain, or stabilize the prices of Capacitors. Plaintiffs further claim that indirect purchasers of Capacitors may recover for the effect that the conspiracy had on the prices of these electronic components. Plaintiffs allege that, as a result of the unlawful price fixing conspiracy involving Capacitors, they and other indirect purchasers paid more for Capacitors than they would have paid absent the conspiracy. Defendants deny Plaintiffs’ claims.

• Settlements totaling approximately $31 million have now been reached with Defendants ELNA Co., Ltd. and ELNA America, Inc. (“ELNA”); Matsuo Electric Co., Ltd. (“Matsuo”); Nichicon Corporation and Nichicon (America) Corporation (“Nichicon”); and Panasonic Corporation, Panasonic Corporation of North America, SANYO Electric Co., Ltd., and SANYO Electronic Device (U.S.A.) Corporation (“Panasonic”) (collectively, “Settling Defendants”).

• Only certain Defendants have agreed to settle the lawsuit. In addition to the Settling Defendants listed above, NEC TOKIN Corp. and NEC TOKIN America, Inc. (“NEC TOKIN”); Okaya Electric Industries Co., Ltd. (“OEI”); Nitsuko Electronics Corporation (“Nitsuko”); Hitachi Chemical Co., Ltd., Hitachi AIC Inc., and Hitachi Chemical Co. America, Ltd. (“Hitachi”); Soshin Electric Co., Ltd. and Soshin Electronics of America, Inc. (“Soshin”); Rubycon Corp. and Rubycon America, Inc. (“Rubycon”); Holy Stone Enterprise Co., Ltd., Holy Stone Holdings Co., Ltd., Holy Stone Polytech Co., Ltd., and Milestone Global Technology, Inc. (“Holystone”); and Nippon Chemi-Con Corp. and United Chemi-Con, Inc. (“NCC/UCC”) have previously agreed to settlements. The case is continuing against the remaining Defendants (“Non-Settling Defendants”). Additional money may become available in the future as a result of a trial or future settlements, but there is no guarantee that this will happen.

• The Non-Settling Defendant companies include: Nissei Electric Co., Ltd., Shinyei Technology Co., Ltd., Taitsu Corp., and Toshin Kogyo Co., Ltd. (collectively, “Non-Settling Defendants”).

• The Settlement Classes for all of the Settlement Agreements include the following:

All persons and entities in the United States who, during the period from April 1, 2002, through February 28, 2014, purchased one or more Electrolytic Capacitor(s) from a distributor (or from an entity other than a Defendant) that a Defendant or alleged co-conspirator manufactured.

• A second class is included in the Panasonic Settlement Agreement including the following:

All persons and entities in the United States who, during the period from January 1, 2002, through February 28, 2014, purchased one or more Film Capacitor(s) from a distributor (or from an entity other than a Defendant) that a Defendant or alleged co-conspirator manufactured.

• The Court in charge of this case still has to decide on final approval of the Settlements. Payments will be made only (1) if the Court approves the Settlements and after any appeals are resolved, and (2) after the Court approves a Distribution Plan to distribute the Settlement Funds minus expenses and any Court-approved attorneys’ fees (“Net Settlement Funds”) to Class Members. The proposed Distribution Plan for these Settlements is to make a pro rata distribution to each Class Member that purchased capacitors in a state that permits indirect purchaser antitrust claims based upon the number of approved purchases per Class Member of Capacitors of film or electrolytic Capacitors during the Settlement class period. The indirect purchaser states are listed on the Indirect Purchaser States page of this website.