Official Settlement Information Website
Did you purchase electrolytic capacitors or products containing electrolytic capacitors, such as a computer, a smartphone or a television, between September 1, 1997 and December 31, 2014 (the “Class Period”)? If so, your legal rights could be affected.
CLASS ACTIONS ARE UNDERWAY ACROSS CANADA, WHICH ALLEGE OVERCHARGES FOR ELECTROLYTIC CAPACITORS, OR PRODUCTS CONTAINING ELECTROLYTIC CAPACITORS, PURCHASED DURING THAT TIME (the “Electrolytic Capacitor Class Actions”).
AM I A CLASS MEMBER?
If you are a Canadian resident and purchased electrolytic capacitors or products containing electrolytic capacitors during the Class Period, you are a settlement class member (“Electrolytic Settlement Class Member”) in one of three Electrolytic Capacitor Class Actions being pursued jointly across Canada: 1) a British Columbia action for residents of British Columbia, 2) a Québec action for residents of Québec, 3) an Ontario action for the residents of Ontario and the rest of Canada.
Settlement agreements have been reached with: Nippon Chemi-Con Corporation and United Chemi-Con, Inc. (collectively “NCC/UCC”); ROHM Co., Ltd. and ROHM Semiconductor U.S.A., LLC (f/k/a ROHM Electronics U.S.A., LLC) (collectively “ROHM”); Fujitsu Ltd. and Fujitsu Canada, Inc. (collectively “Fujitsu”); KEMET Corporation and KEMET Electronics Corporation (collectively “KEMET”); and Nichicon Corporation and Nichicon (America) Corporation (collectively “Nichicon”).
NCC/UCC, ROHM, Fujitsu, KEMET and Nichicon have respectively agreed to pay CAD $20,900,000, CAD $450,000, CAD $465,000, CAD $6,200,000, and CAD $14,150,000, totaling CAD $42,165,000 for the benefit of the Electrolytic Settlement Class Members.
NCC/UCC, KEMET and Nichicon have further respectively agreed to pay CAD $400,000, CAD $325,000, and CAD $350,000 totaling CAD $1,075,000 for the benefit of class members in a separate film capacitor class action (“Film Settlement Class Members” and “Film Capacitors Class Action”).
In addition, NCC/UCC, ROHM, Fujitsu, KEMET and Nichicon have agreed to provide cooperation to the plaintiffs in pursuing their claims against the non-settling defendants. In exchange, they will be provided with a full release of the claims against them in relation to the Class Actions. The settlements are not admissions of liability, fault, or wrongdoing, but are compromises of disputed claims.
WHAT DO I HAVE TO DO NOW?
Settlement money will not be distributed now, as the case is still ongoing.
The Court must now determine whether the settlements are fair, reasonable and in the best interests of Electrolytic Settlement Class Members.
Separate motions to approve the settlements are scheduled to be heard at:
● the Ontario Superior Court of Justice on September 28, 2023 at 2:00 pm (ROHM, Fujitsu, KEMET and Nichicon settlements) and October 23, 2023 at 9:30 am (NCC/UCC settlement), virtually via videoconference;
● the Supreme Court of British Columbia on October 25, 2023 at 9:00 am, virtually via Microsoft Teams videoconference; and
● the Superior Court of Québec on September 26, 2023 at 9:15 am, in-person at the Montréal Courthouse in room 15.04 and virtually via Microsoft Teams videoconference.
If you think you are an Electrolytic Settlement Class Member and want to participate in the settlement approval hearing(s) in your jurisdiction, please contact the lawyers working on the Class Actions for instructions and particulars on how to join the hearing.
If you do not oppose the settlement, you do not need to take any other action at this time.
If you wish to comment or object to the settlements, you must deliver a written submission to one of the lawyers listed here by September 22, 2023 at the latest for the ROHM, Fujitsu, KEMET and Nichicon settlements and October 22, 2023 at the latest for the NCC/UCC settlement.
STATUS OF THE CLASS ACTIONS
Prior settlements were reached with the following defendants:
● NEC TOKIN Corporation and NEC TOKIN America Inc. (collectively, “Tokin”);
● Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., and Sanyo Electric Co., Ltd. (collectively, “Panasonic”);
● ELNA Co., Ltd. and ELNA America Inc. (collectively, “ELNA”); and
● Holy Stone Enterprise Co., Ltd., Vishay Polytech Co., Ltd. f/k/a Holy Stone Polytech Co., Ltd., Milestone Global Technology, Inc. d/b/a Holy Stone International, Holy Stone Holdings Co., Ltd., and Vishay Intertechnology, Inc., (collectively “Holy Stone”).
Tokin, Panasonic, ELNA and Holy Stone agreed to pay, respectively, CAD $2,900,000.00, CAD $5,950,000.00, CAD $2,475,000.00 and CAD $790,000.00 for the benefit of Electrolytic Settlement Class Members, and to provide meaningful early cooperation to the plaintiffs. The Tokin, Panasonic, ELNA and Holy Stone settlement money is being held in an interest-bearing trust account for the benefit of Electrolytic Settlement Class Members.
In Québec, the class action with respect to electrolytic capacitors was authorized by the Superior Court of Québec on March 22, 2019. This means that the class action can proceed towards a trial against the non-settling defendants and the common issues (as defined in the authorization judgment) will be determined in a single proceeding on behalf of all the members of the authorized class.
A motion for certification of the Ontario electrolytic class action was heard by the Ontario Superior Court of Justice over several days between September 28, 2022 – October 7, 2022. On April 28, 2023, the Ontario Superior Court of Justice certified the Ontario electrolytic action. The non-settling defendants have sought leave to appeal the certification decision.
HOW DOES THIS RELATE TO THE “FILM” CAPACITOR CLASS ACTIONS WHICH ARE UNDERWAY ACROSS CANADA?
The lawyers representing Electrolytic Settlement Class Members in the Electrolytic Capacitor Class Actions also represent Film Settlement Class Members in the 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, and 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.