Electrolytic and Film Capacitors Class Actions

Court:
Ontario Superior Court of Justice

Class Members:
If you have purchased electrolytic and/or film capacitors, or products containing them, you may be a member of the proposed class. Please contact us if you have questions about the proposed class definition.

Co-counsel:
Foreman & Company is working in concert with Camp Fiorante Matthews Mogerman LLP in British Columbia and Belleau Lapointe s.e.n.c.r.l. in Québec (collectively, “Class Counsel”) to prosecute these matters on a national basis.

The content of this page has not been approved by the Court nor does it constitute legal advice. It is for the purpose of providing general information only.

Case Contacts

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Electrolytic and film capacitors are fundamental components found in electrical circuits and most electronic devices used today. In these class actions, it is alleged that large manufacturers of electrolytic and film capacitors unlawfully conspired to fix their prices.

The defendants’ conduct is alleged to have inflated the price of electrolytic and film capacitors, and of electronic products like computers, smartphones, and stereo equipment for consumers and businesses across Canada. The class actions seek recovery of these overcharges on behalf of purchasers.

ACTIVE - Electrolytic and Film Capacitors Class Actions

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Certification & Jurisdiction

The plaintiffs’ certification motion and the “Matsuo” defendant’s jurisdiction motion in the Ontario Electrolytic class action were heard on September 28-29 and October 6-7, 2022.

On April 28, 2023, the Ontario Superior Court of Justice certified the Ontario Electrolytic action and dismissed Matsuo’s jurisdiction motion. The non-settling defendants have sought leave to appeal the certification decision.

A certification motion in the Film class action has not yet been scheduled. Further information will be posted as these matters proceed.

Case History

Previous Court-Approved Settlements

In the electrolytic capacitors proceeding, respective settlements have been reached with the following defendants:

Nippon Chemi-Con 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”);
Nichicon Corporation and Nichicon (America) Corporation (collevtively, “Nichicon”);
ELNA Co., Ltd. and ELNA America Inc. (collectively, “ELNA”);
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 Corporation and Tokin America Inc.; and
Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., and Sanyo Electric Co., Ltd. (collectively, “Panasonic”).

In the film capacitors proceeding, respective settlements have been reached with the following defendants:

NCC/UCC;
KEMET;
Nichicon;
ELNA;
HolyStone;
Okaya Electric Industries Co., Ltd. and Okaya Electric America, Inc.;
Nitsuko Electronics Corporation; and
Panasonic.

For more information, please visit the Official Settlement Information Website.

As the lawsuits are 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 respective interest-bearing trust accounts for the benefit of class members.

If there are further recoveries, they will be added to the present settlement amounts and an efficient distribution will be made at an appropriate time. That plan must be approved by the Courts before it takes effect.

Opt-Outs

The period for opting out of the electrolytic and film class actions has passed. There is no further opportunity to opt out.

Carriage

Pursuant to a Court order dated October 31, 2016, carriage of the proposed electrolytic class actions was awarded to the plaintiffs in this proceeding. A copy of the Court’s October 31, 2016 order can be viewed here.

Discontinuances

The plaintiffs have entered into Standstill and Tolling Agreements with a number of defendants in the proceedings. The plaintiffs believe that these companies are not necessary defendants in the actions, and the Standstill and Tolling Agreements contain protections of interests of the class should it later become necessary to add these defendants back into the cases.

The motion materials provided to the Court with respect to the discontinuances described above as well as the Court’s Orders and Endorsements can be viewed in the Court Documents section further down this page.