Capacitors Antitrust Lawsuit
Berger Montague is counsel to a proposed class of direct purchasers of aluminum and tantalum electrolytic capacitors and film capacitors.
Capacitors are a fundamental component of electrical circuits that store electric charge and, as such, are ubiquitous in electronic devices. This class action alleges that the major capacitor manufacturers, including Panasonic Corporation, SANYO Electric Co., Ltd., NEC TOKIN Corporation, KEMET Corporation, Nippon Chemi-Con Corporation, United Chemi-Con, Inc., Fujitsu Ltd., Nichicon Corporation, AVX Corporation, Rubycon Corporation, ELNA Co., Ltd., Matsuo Electric Co., Ltd., TOSHIN KOGYO Co., Ltd., Holy Stone Enterprise Co., Ltd., Vishay Polytech Co., Ltd., ROHM Co., Ltd., Okaya Electric Industries Co., Ltd., Taitsu Corporation, Shinyei Kaisha, Nitsuko Electronics Corporation, Nissei Electric Co., Ltd., Soshin Electric Co., Ltd., and Shizuki Electric Co., Ltd., conspired to raise capacitor prices. A criminal investigation by the U.S. Department of Justice into potential antitrust violations in the capacitors industry is ongoing. To date, seven defendants, ELNA, Hitachi, Holy Stone, Matsuo, NEC Tokin, Nichicon, and Rubycon, have pled guilty.
On May 26, 2015 and December 30, 2015, the district court entered orders denying almost all of the defendants’ motions to dismiss. Discovery is proceeding. On June 15, 2017, Plaintiffs filed a motion for class certification, and on September 7, 2017, a hearing was held.
On June 27, 2017, the district court issued an order granting final approval of settlements totaling $32.6 million with Defendants Fujitsu, NEC Tokin, Nitsuko, Okava, and Rohm. In March 2018, the district court granted preliminary approval of proposed settlements totaling $66.9 million with Defendants Hitachi and Soshin.
LEAD ATTORNEYS: Eric L. Cramer, Ruthanne Gordon