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.Top
You 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.Top
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. 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 settlement 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(s) 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.Top
As 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. If additional amounts are recovered in the future, class counsel will prepare a plan for paying those amounts out to Electrolytic Settlement Class Members. That plan must be approved by the Courts before it takes effect.Top
If you do not want to object to the settlement, you do NOT have to do anything.
If you would like to comment on or object to the settlements then you need to do so by September 22, 2023 for the ROHM, Fujitsu, KEMET and Nichicon settlements and October 22, 2023 for the NCC/UCC settlement - see FAQ #6 to learn what steps to take.Top
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 settlement and October 22, 2023 at the latest for the NCC/UCC settlement.Top
If 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.Top
Foreman & 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.
Camp Fiorante Matthews Mogerman 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. At this time, Class Counsel will ask the Court to approve legal fees of up to 25% of the Electrolytic settlement amounts at the settlement approval hearing.Top
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.Top
The 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.Top