The lawsuit alleges that Defendants and co-conspirators conspired to raise and fix the prices of Capacitors for more than ten years,
resulting in overcharges to indirect purchasers of Capacitors. The complaint describes how the Defendants and co-conspirators allegedly
violated the U.S. and state antitrust, unfair competition, and consumer protection laws by agreeing to fix prices and restrict output of
Capacitors by, among other things, face-to-face meetings and other communications, customer allocation, and the use of trade associations.
Defendants deny Plaintiffs’ allegations. The Court has not decided who is right.
Settlements totaling approximately $80.5 million have been reached with Defendants ELNA Co., Ltd. and ELNA America, Inc., (“ELNA”);
Hitachi Chemical Co., Ltd., Hitachi AIC Inc., and Hitachi Chemical Co. America, Ltd. (“Hitachi”); Holy Stone Enterprise Co., Ltd., Holy
Stone Holdings Co., Ltd., Holy Stone Polytech Co., Ltd., and Milestone Global Technology, Inc. (“Holystone”); Matsuo Electric Co., Ltd.,
(“Matsuo”); Nippon Chemi-Con Corp. and United Chemi-Con, Inc. (“NCC/UCC”); NEC TOKIN Corp. and NEC TOKIN America, Inc. (“NEC TOKIN”);
Nichicon Corporation and Nichicon (America) Corporation (“Nichicon”); Nitsuko Electronics Corporation (“Nitsuko”); Okaya Electric
Industries Co., Ltd. (“OEI”); Panasonic Corporation, Panasonic Corporation of North America, SANYO Electric Co., Ltd., SANYO Electric Co.,
Ltd., and SANYO Electronic Device (U.S.A.) Corporation (“Panasonic”); Rubycon Corp. and Rubycon America, Inc. (“Rubycon”); and Soshin
Electric Co., Ltd. and Soshin Electronics Of America, Inc. (“Soshin”) (collectively, the “Settling Defendants”).
The specific definition of who is included in each of the Classes for the agreements reached with each Settling Defendant are set forth
in the Settlement Agreements and in the orders preliminarily approving the Settlements. The Settlement Agreements, the preliminary
approval orders, and the related Complaint are accessible on the Court Documents page of this website.
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 Settlements also include nonmonetary relief, including cooperation in litigating the
remaining claims against the Non-Settling Defendants.
If the case against the Non-Settling Defendants is not dismissed or settled, the Plaintiffs will have to prove their claims against the
Non-Settling Defendants at trial. Trial is scheduled to start on February 3, 2020. The trial will be held at the United States Courthouse
at 450 Golden Gate Avenue, Courtroom 11, 19th Floor, San Francisco, CA 94102.
At the trial, a decision will be reached about whether the Plaintiffs or the Non-Settling Defendants are right about the claims in the
lawsuit. There is no guarantee that the Plaintiffs will win any money or other benefits for Class Members at trial.
To be eligible for payment you must submit a valid Proof of Claim and Release Form no later than March 23, 2020.
REQUIREMENTS FOR SUBMITTING THE ONLINE CLAIM FORM
Your Claim will be considered only if you meet the following conditions:
1. You must accurately complete all required portions of the Online Claim Form.
2. You must sign the Online Claim Form, which includes the Certification. Your electronic signature and submission of the form will
have the same force and effect as if you signed the form on paper. To include your electronic signature on the Online Claim Form,
you must type your name in the field included with the form
3. By signing and submitting the Online Claim Form, you are swearing under penalty of perjury that you are a Class Member and
the information you provide on the Online Claim Form is accurate
4. If you are submitting the Online Claim Form on behalf of another person or entity, indicate the capacity in which you are
submitting the claim and proof of your authority to do so. For example, John Doe, CEO.
5. Your failure to complete and submit the Claim Form postmarked or filed online by March 23, 2020, will prevent you from receiving
any payment from these Settlements. Claims Forms must be substantially complete at the time of submission to be considered timely filed.
Submission of the Claim Form does not ensure that you will share in the payments. If the Settlement Administrator disputes a material fact
concerning your Claim, you will have the right to present information in a dispute resolution process.
6. At this time, it is unknown how much each Class Member that submits a valid claim will receive. Payments will be based on a number of
factors, including the number of valid claims filed by all Class Members for film or electrolytic Capacitors and the dollar value of each
Class Member’s purchase(s) of film or electrolytic Capacitors in proportion to the total claims filed. No matter how many claims are
filed, no money will be returned to the Settling Defendants once the Court finally approves the Settlements.
7. Payments to Class Members will be made only: (1) if the Court approves the Settlements and after any appeals are resolved, and (2) in
accordance with the Distribution Plan to distribute the Settlement Funds minus expenses and Court-approved attorneys’ fees
(“Net Settlement Fund”) to Class Members. The Distribution Plan, as approved by the Court, will determine the amount, if any, that each
Class Member will receive. The proposed distribution plan for these Settlements is to make a pro rata distribution to each Class Member
who purchased their qualifying capacitor(s) in a state that permits indirect purchaser antitrust claims based upon the number of approved
purchases of Capacitors per Class Member during the Settlement class period. The indirect purchaser states are: Alabama, Arizona,
Arkansas, California, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island,
South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin.
The information provided with the Online Claim Form will be used solely by the Court-approved Claims
Administrator for the purposes of administering the Settlement and will not be provided to any third party or sold for marketing