An “electrolytic capacitor” is an electronic component used in an electrical circuit in order to store a charge. Electrolytic capacitors are found in electronics like computers, smartphones, gaming consoles, home appliances and televisions, among other products.
The plaintiffs in the Electrolytic Capacitors Class Actions allege that a number of companies who sell and manufacture electrolytic capacitors participated in an unlawful conspiracy to fix, raise, maintain, increase, or control the price for electrolytic capacitors in Canada. The plaintiffs allege that this conspiracy affected prices paid by both direct purchasers of electrolytic capacitors, as well as purchasers of products containing electrolytic capacitors.Top
You are a Class Member if you are a Canadian resident and purchased electrolytic capacitors1 or products containing electrolytic capacitors between September 1, 1997 and December 31, 2014 (the “Class Period”).
1Electrolytic capacitors are found in electronics like computers, smartphones, gaming consoles, home appliances and televisions, among other products. If you purchased electronic products during the class period, you are likely a Class Member.Top
A settlement has been reached with the defendants NEC TOKIN Corporation and NEC TOKIN America Inc. (“TOKIN”), who have agreed to pay CAD $2,900,000, and to provide meaningful early cooperation to the plaintiffs.
The TOKIN defendants are the first to settle in the Electrolytic Capacitor Class Actions. During the Class Period, TOKIN had a small share of the global electrolytic capacitors market in the range of 3-6%, and the Electrolytic Capacitor Class Actions will continue against over 30 other named defendants.
The Court has to approve the settlement in order for it to be final. The hearings where the Court will consider approving the settlement, will take place at:
As the lawsuit is still ongoing and there could be other settlements or a judgment against the other defendants, and potentially more money for Class Members, the settlement funds (less Court approved fees and expenses) will be held in an interest-bearing trust account for the benefit of the Class Members. If additional amounts are recovered in the future, class counsel will prepare a plan for paying those amounts out to Class Members. That plan must be approved by the Courts before it takes effect.Top
If you do not want to object to the settlement, or opt-out of the Electrolytic Capacitor Class Actions you do NOT have to do anything.
If you would like to comment on or object to the settlement then you need to do so by October 24, 2018 - see FAQ #6 to learn what steps to take.
If you do not want to be a Class Member you must opt-out by October 24, 2018 - see FAQ #7 to learn what steps to take.
Class Members who opt-out will not be able to participate in this or any future settlement or judgment. You cannot opt back in. If Class Members do not opt-out now, they will be bound by this and any other future settlements or judgment. You cannot opt-out later on in the lawsuit.Top
If you wish to comment or object to the settlement, you must deliver a written submission to one of the lawyers listed here by October 24, 2018 at the latest.Top
If you do not want to be a Class Member in the Electrolytic Capacitor Class Actions, your opt-out must be received by October 24, 2018 at the latest. Instructions on how to opt-out of the Electrolytic Capacitor Class Actions can be found here.Top
Typically Class Members opt-out if they want to start or continue their own individual lawsuit against one or all of the defendants.Top
If you provide class counsel with your contact information we will contact you directly if there is a settlement or judgment. We respect your privacy and will not share your information with others.
You are also welcome to visit this website for updates, or contact class counsel directly for more information.Top
Harrison Pensa LLP represents Class Members in Ontario and in all provinces other than British Columbia and Québec.
Belleau Lapointe, s.e.n.c.r.l. represents Class Members in Québec.
Camp Fiorante Matthews Mogerman LLP represents Class Members in British Columbia.
Class counsel is paid on a contingency basis. This means class counsel only receives legal fees if there is an approved settlement or a judgment given by the Court. The Court has to approve class counsel’s fees and disbursements. Class counsel will not receive fees if the case is unsuccessful. Class counsel will ask the Court to approve legal fees of up to 25% of the settlement, at the settlement hearing.Top
The lawyers representing Class Members in the Electrolytic Capacitor Class Actions also represent class members in Film Capacitor Class Actions underway across Canada.
Electrolytic and film capacitors are used to store energy in electric circuits. They are used in similar types of electronic products, but are made from different materials, in some cases by different manufacturers.
If you are a purchaser of electronic products, you may be a class member in both actions, and should inform yourself of important updates in both cases. Please click here for more information on the Film Capacitors Class Actions.Top