• 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 $300,000 have now been reached with Defendants Shinyei Technology
Co., Ltd. and Shinyei Capacitor Co., Ltd. (“Shinyei”) as well as Taitsu Corporation (collectively,
• Only certain Defendants have agreed to settle the lawsuit. In addition to the Settling Defendants listed
above, ELNA Co., Ltd. and ELNA America, Inc. (“ELNA”); Matsuo Electric Co., Ltd. (“Matsuo”); Nichicon
Corporation and Nichicon (America) Corporation (“Nichicon”); Panasonic Corporation, Panasonic
Corporation of North America, SANYO Electric Co., Ltd., and SANYO Electronic Device (U.S.A.) Corporation
(“Panasonic”); 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 Non-Settling Defendant companies include: Nissei Electric Co., Ltd. and Toshin Kogyo Co., Ltd.
(collectively, “Non-Settling Defendants”).
• The Settlement Classes for the Shinyei and Taitsu Settlement Agreements include the following:
All persons and entities in the Indirect Purchaser States who, during the period from January 1,
2002 to February 28, 2014, purchased one or more Capacitor(s) from a distributor
(or from an entity other than a Defendant) that a Defendant or alleged co-conspirator
“Indirect Purchaser States” means California, Florida, Michigan, Minnesota, Nebraska, and New York.
• 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 for purposes of the Shinyei and Taitsu Settlements are California, Florida, Michigan, Minnesota,
Nebraska, and New York.