Electrolytic and Film Capacitors Class Actions

Court:
Ontario Superior Court of Justice, Supreme Court of British Columbia and Superior Court of Québec.

Class Members:
If you purchased electrolytic capacitors, or products containing them, in Canada between September 1, 1997 and December 31, 2014, you may be a member of the Electrolytic Capacitors Class.

If you purchased film capacitors, or products containing them, in Canada between January 1, 2002 and December 31, 2014, you may be a member of the proposed Film Capacitors Class.

Co-counsel:
Foreman & Company is working in concert with CFM Lawyers 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 containing them, such as computers, smartphones, televisions, stereo equipment, gaming consoles and home appliances, among others, for consumers and businesses across Canada. The class actions seek recovery of these overcharges on behalf of purchasers.

Settlements

Matsuo, Rubycon and Shizuki Settlements

The Courts have approved the settlements reached with the defendants Matsuo Electric Co., Ltd. (“Matsuo”) and with Rubycon Corporation and Rubycon America Inc. (“Rubycon”) in the Electrolytic and Film Capacitors Class Actions, and with Shizuki Electric Co., Inc. and American Shizuki Corporation (“Shizuki”) in the Film Capacitors Class Action.

For more information regarding the Matsuo, Rubycon and Shizuki settlements, please visit the Settlement Website.

Previous Court-Approved Settlements

In the Electrolytic Capacitors Class Action, respective settlements have been reached and approved by the Courts 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 (collectively, “ROHM”);

• Fujitsu Ltd. and Fujitsu Canada, Inc. (collectively, “Fujitsu”);

• KEMET Corporation and KEMET Electronics Corporation (collectively, “KEMET”);

• Nichicon Corporation and Nichicon (America) Corporation (collectively, “Nichicon”);

• ELNA Co., Ltd. and ELNA America Inc. (collectively, “ELNA”);

• Holy Stone Enterprise Co., Ltd., Vishay Polytech Co., Ltd. f/k/a HolyStone Polytech Co., Ltd., Milestone Global Technology, Inc. d/b/a HolyStone International, Holy Stone Holdings Co., Ltd. and Vishay Intertechnology, Inc. (collectively “Holy Stone”);

• Tokin Corporation and Tokin America Inc. (f/k/a NEC TOKIN Corporation and NEC TOKIN America Inc.) (collectively, “Tokin”); and

• Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., and Sanyo Electric Co., Ltd. (collectively, “Panasonic”).

In the Film Capacitors Class Action, respective settlements have been reached and approved by the Court with the following defendants:

• NCC/UCC;

• KEMET;

• Nichicon;

• ELNA;

• Holy Stone;

• Okaya Electric Industries Co., Ltd. and Okaya Electric America, Inc.;

• Nitsuko Electronics Corporation; and

• Panasonic.

For more information on the previous settlements, please visit the Settlement Website.

Distribution of Settlement Funds

As the lawsuits are still ongoing and there could be other settlements or a judgment against the other defendants, the settlement funds achieved to date (less Court-approved fees and expenses) are being 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 plan will be made at an appropriate time. That plan must be approved by the Courts before it takes effect.

Case History

On August 6, 2014, our lawyers issued a Statement of Claim on behalf of all persons and entities in Canada, except British Columbia and Québec, who purchased electrolytic capacitors or products which contained electrolytic capacitors between September 1, 1997 and December 31, 2014. A second Statement of Claim was issued on June 17, 2016 against additional defendants. These actions were consolidated by Order of the Ontario Court on November 29, 2016.

On May 13, 2016, our lawyers issued a Statement of Claim on behalf of all persons and entities in Canada who purchased film capacitors or a products containing film capacitors between January 1, 2002 and December 31, 2014.

Separate actions were commenced in British Columbia on behalf of BC residents and in Québec on behalf of Québec residents.

Class Counsel is working to prosecute these class actions on a national basis.   

Certification & Jurisdiction

Electrolytic Capacitors Class Action: The plaintiffs’ certification motion in the Ontario Electrolytic Capacitors Class Action was heard on September 28-29 and October 6-7, 2022.

On April 28, 2023, the Ontario Superior Court of Justice certified the Ontario Electrolytic Capacitors Class Action. The non-settling defendants have sought leave to appeal the certification decision.

The Québec Action was authorized (certified) by the Québec Court on March 22, 2019.

Film Capacitors Class Action: A certification motion in the Ontario Film Capacitors Class Action has not yet been scheduled.

Further information will be posted as these matters proceed.

Opting Out

The period for opting out of the Electrolytic and Film Capacitors 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 here.

Who Represents Me?

Class members in Canada, excluding British Columbia and Québec, are represented by Foreman & Company:

Email: classactions@foremancompany.com

Phone: Kassandra Gauld -519.914.1175 x 106
‍ ‍Anni Barry – 519.914.1175 x 107
Toll Free - 1.855.814.4575 × 106 or 107

Mail: Foreman & Company
Attn: Capacitors Class Actions
4 Covent Market Pl
London, ON N6A 1E2

Class members in British Columbia are represented by CFM Lawyers LLP:

Email: info@cfmlawyers.ca

Phone: 1.800.689.2322

Mail: CFM Lawyers LLP
Attn: Capacitors Class Actions
400-856 Homer St
Vancouver, BC V6B 2W5

Class members in Québec are represented by Belleau Lapointe, s.e.n.c.r.l.:

Email: info@belleaulapointe.com

Phone: 1.888.987.6701

Mail:    Belleau Lapointe s.e.n.c.r.l.
Attn: Capacitors Class Actions
B10-300 Place d’Youville
Montréal, QC H2Y 2B6

Court Documents

To view all case related documents, such as Court approved notices, the settlement agreements, motion records and the court’s orders, please visit the Settlement Website.