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.
TopYou are an Electrolytic Settlement 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 an Electrolytic Settlement Class Member.
TopSettlement agreements have now been reached with: Matsuo Electric Co., Ltd. (“Matsuo”) and Rubycon Corporation and Rubycon America Inc. (“Rubycon”).
Matsuo and Rubycon have respectively agreed to pay CAD $1,175,000 and CAD $7,300,000 for the benefit of Electrolytic Settlement Class Members.
In addition, Matsuo and Rubycon 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. 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:
If you think you are an Electrolytic Settlement Class Member and want to participate in the settlement approval hearing in your jurisdiction, please contact the lawyers working on the Class Actions to confirm the date and for further instructions and particulars on how to join the hearing.
TopAs the lawsuit is still ongoing and there could be other settlements or a judgment against the other defendants, and potentially more money for Electrolytic Settlement 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 Electrolytic Settlement Class Members. At a future date, Class Counsel will seek court approval of a plan for paying the results achieved to Electrolytic Settlement Class Members. Further notice will be provided to Class Members when the claims process opens.
TopIf you do not want to object to the Matsuo and/or Rubycon settlements and/or Class Counsel’s fee request, you do NOT have to do anything.
If you would like to comment on or object to the Matsuo and/or Rubycon settlements and/or Class Counsel’s fee request then you need to do so by April 21, 2025 - see FAQ #6 to learn what steps to take.
TopIf you wish to comment or object to the Matsuo and/or Rubycon settlements, and/or Class Counsel’s fee request, you must deliver a written submission to one of the lawyers listed here by April 21, 2025 at the latest.
TopIf 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.
TopForeman & Company represents Electrolytic Settlement Class Members in Ontario and in all provinces other than British Columbia and Québec.
Belleau Lapointe, s.e.n.c.r.l. represents Electrolytic Settlement Class Members in Québec.
CFM Lawyers LLP represents Electrolytic Settlement 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 25% of the Electrolytic settlement amounts at the settlement approval hearings or at a later date. If approved, these amounts may be paid to the lawyers out of the settlement funds at that time.
TopPrevious Settlements
Prior settlements were reached with the following defendants in the amounts of:
| Nippon Chemi-Con Corporation and United Chemi-Con, Inc. (collectively “NCC/UCC”) | CAD $20,900,000 |
| ROHM Co., Ltd. and ROHM Semiconductor U.S.A., LLC (f/k/a ROHM Electronics U.S.A., LLC) (collectively “ROHM”) | CAD $450,000 |
| Fujitsu Ltd. and Fujitsu Canada, Inc. (collectively “Fujitsu”) | CAD $465,000 |
| KEMET Corporation and KEMET Electronics Corporation (collectively “KEMET”) | CAD $6,200,000 |
| Nichicon Corporation and Nichicon (America) Corporation (collectively “Nichicon”) | CAD $14,150,000 |
| NEC TOKIN Corporation and NEC TOKIN America Inc. (collectively, “Tokin”) | CAD $2,900,000 |
| Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., and Sanyo Electric Co., Ltd. (collectively, “Panasonic”) | CAD $5,950,000 |
| ELNA Co., Ltd. and ELNA America Inc. (collectively, “ELNA”) | CAD $2,475,000 |
| 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”) | CAD $790,000 |
The settlement funds received to date are being held in an interest-bearing trust account for the benefit of Electrolytic Class Members.
Certification / Authorization of the Proceedings:
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.
TopThe lawyers representing Electrolytic Settlement Class Members in the Electrolytic Capacitor Class Actions also represent Film Settlement 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.
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