Did Your Business Purchase? Electrolytic and/or Film Capacitors?
Purchase dates: January 1, 2002 - December 31, 2013
Eligible Class Members
All persons and/or entities (excluding governmental entities) in the United States, who or which purchased “Electrolytic Capacitors” and/or “Film Capacitors” (together, “Capacitors”) directly from any of the “Defendants” listed below or any controlled subsidiaries, agents, affiliates or joint ventures from January 1, 2002 to December 31, 2013 and including entities that are inside the United States and were billed or invoiced for Capacitors by a Defendant (i.e. the Capacitors were “billed to” entities in the U.S.) or entities that are outside the U.S. and were billed or invoiced for Capacitors imported into the U.S. by a Defendant (i.e. the Capacitors were “billed to” entities outside the U.S. but “shipped to” entities in the U.S.). There is a separate class action for all persons and entities who purchased Electrolytic Capacitors and/or Film Capacitors indirectly from the Defendants (such as distributors or resellers including electronics stores, wholesalers or other suppliers).
No Filing Deadline at This Time
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Defendants
The Defendants include:
The “Defendants” are comprised of 1) the “Settling Defendants” including:
Fujitsu Limited (“Fujitsu”); NEC TOKIN Corporation and NEC TOKIN America,
Inc. (collectively, “NEC Tokin”); Nitsuko Electronics Corporation (“Nitsuko”);
Okaya Electric Industries Co., Ltd. and Okaya Electric America, Inc. (collectively, “Okaya”); and ROHM Co., Ltd. and ROHM Semiconductor U.S.A., LLC (collectively, “ROHM”); Hitachi Chemical Co., Ltd., Hitachi AIC Inc. and Hitachi Chemical Co. America, Ltd. (collectively, “Hitachi”); Soshin Electric Co., Ltd. and Soshin Electronics of America, Inc. (collectively, “Soshin”); Shizuki Electric Co., Inc. (“Shizuki”); KEMET Corporation and KEMET Electronics Corporation (collectively, “KEMET”); Nichicon Corporation and Nichicon (America) Corporation (collectively, “Nichicon”); Rubycon Corporation and Rubycon America Inc. (collectively, “Rubycon”); Panasonic Corporation; Panasonic Corporation North America; SANYO Electric Co. and SANYO North America Corporation (collectively, “Panasonic”); Holy Stone Enterprise Co., Ltd., Milestone Global Technology, Inc. (D/B/A HolyStone International) and Vishay Polytech Co., Ltd. (fka Holy Stone Polytech Co., Ltd.) (collectively, “Holy Stone”); ELNA Co., Ltd. and ELNA America Inc. (collectively, “ELNA”); Shinyei Kaisha, Shinyei Technology Co., Ltd., Shinyei Capacitor Co., Ltd., Shinyei Corporation of America (collectively, “Shinyei”); Taitsu Corporation and Taitsu America, Inc. (collectively, “Taitsu”); AVX Corporation (“AVX”); Nippon Chemi-Con Corporation and United Chemi-Con, Inc. (collectively, “Nippon”); and Matsuo Electric Co., Ltd. (“Matsuo”); and 2) the “Non-Settling Defendants” including TOSHIN KOGYO Co., Ltd.; and Nissei Electric Co., Ltd.
Definitions
- Definition of “Electrolytic Capacitors”:
Electrolytic Capacitors are generally a component of circuit boards which store and distribute electricity at certain times.
They can be made of aluminum, ceramic and/or tantalum, and are typically sold in units of 1,000. These components
can be found in personal computers (PCs), digital audiovisuals (AV), games and industrial appliances, notebook PCs, tablets, digital AVs, servers, cellular phones, smart phones, digital still cameras, supply circuits and inverter circuits. When purchased as a stand-alone product, Electrolytic Capacitors are directly traceable to the specific manufacturer.
- Definition of Partially Allowed Claim:
A PAC means any claim line for a covered service or supply that is not a denied claim for which the “Allowed Amount” (defined below) is less than the billed amount. PAC’s are the only claims eligible for reimbursement in this litigation.
- Definition of “Film Capacitors”:
Film Capacitors are a type of capacitor which uses insulating plastic film and one of two conductive materials, propylene
or polyester. For purposes of this lawsuit, film capacitors include the following four generations: (1) film and aluminum foil capacitors, (2) film and other metal capacitors, (3) layered capacitors, and (4) surface-mount capacitors (i.e., capacitors
without leaves). Each generation contains different types of general-purpose capacitors and specific-purpose capacitors.
These components can be found in appliances, lighting, power supply, digital AV, communications, games, direct current (DC) link for inverters, snubber for inverters, in battery filters, and in electric compressors
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Case History
Several class action lawsuits were filed in 2014 alleging that the Defendants violated antitrust laws by unlawfully conspiring for nearly a decade to fix the prices of Electrolytic Capacitors and Film Capacitors sold in the United States. The lawsuits were subsequently consolidated in the Northern District of California. Since then, the class has reached settlements with the Settling Defendants in the total amount of $616.55 million to date (the details of which are noted below). *The litigation is currently ongoing against the Non-Settling Defendants and it is possible that additional funds may become available to the Class as the result of a trial or
future settlements.
First, Second, Third and Fourth Rounds of Settlements: The First Round of Settlements with Fujitsu, NEC Tokin, Nitsuko, Okaya and ROHM totaled approximately $32.6 million and distribution of those funds occurred commencing in July 2018. The Second Round of Settlements with Hitachi ($63 million) and
Soshin ($3.9 million) totaled approximately $66.9 million and the claim filing deadline was April 23, 2018. The Third Round of Settlements with Nichicon ($90 million) and Rubycon (up to $30 million) totaled approximately $120 million and the claim filing deadline was April 15, 2019. The Fourth Round of Settlements
with Panasonic ($45 million), Holy Stone ($28 million), ELNA ($25 million), Shinyei ($2.95 million), AVX ($65 million), Shizuki ($1 million), KEMET ($62 million) and Taitsu ($3.1 million) totaled approximately $232.05 million and the claim filing deadline was August 28, 2020. Distribution of the Second, Third and Fourth Round of Settlement funds has occurred.
Fifth Round of Settlements: The Fifth Round of Settlements with Matsuo ($5 million) and Nippon ($160 million) total approximately $165 million (the settlements received final Court approval). Distribution of these funds will occur at a future date.
This is not an official Court Notice. Information contained in this Summary is subject to change. Class Counsel or the Settlement Administrator may be contacted for additional settlement information. You also may visit the Court-approved website, once it is available. Please understand that you have the right to file on your own. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.