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:
HOW DO I GET A PAYMENT?
To be eligible to receive a payment if the Court approves the Settlements, you must complete and submit a valid Claim Form by March 23, 2020.
Important Dates
Claim Process
Start Date
Exclusion/Objection
Deadline
Final Approval
Hearing
Claim Filing
Deadline