A “film capacitor” is an electronic component used in an electrical circuit in order to store a charge. Film capacitors are found in electronics like smartphones, gaming consoles, home appliances, and televisions, among other products.
The plaintiffs in the Film Capacitors Class Actions allege that a number of companies who sell and manufacture film capacitors participated in an unlawful conspiracy to fix, raise, maintain, increase, or control the price for film capacitors in Canada. The plaintiffs allege that this conspiracy affected prices paid by both direct purchasers of film capacitors, as well as purchasers of products containing film capacitors.Top
You are a Class Member if you are a Canadian resident and purchased film capacitors1 or products containing film capacitors between January 1, 2002 and December 31, 2014 (the “Class Period”).
1Film capacitors are contained in many electronics like smartphones, televisions, gaming consoles, home appliances, among other products. If you purchased electronic products during the class period, you are likely a Class Member.Top
Settlements were reached with three defendants, Nitsuko Electronics Corporation (“Nitsuko”), Okaya Electric Industries Co., Ltd. and Okaya Electric America, Inc. (“Okaya”). Nitsuko and Okaya have respectively agreed to pay USD $190,000.00 and CAD $460,000.00, and to provide cooperation to the plaintiffs.
Nitsuko and Okaya had a small share of the relevant film capacitor market during the class period. The litigation continues against 36 other non-settling defendants.
The Court has to approve the settlements in order for them to be final. The hearings where the Court will consider approving the settlements, will take place at:
As the lawsuit is 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 an interest-bearing trust account for the benefit of the Class Members. If additional amounts are recovered in the future, class counsel will prepare a plan for paying those amounts out to Class Members. That plan must be approved by the Courts before it takes effect.Top
If you do not want to object to the settlements, or opt-out of the class actions 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 October 24, 2018 - see FAQ #6 to learn what steps to take.
If you do not want to be a Class Member you must opt-out by October 24, 2018 - see FAQ #7 to learn what steps to take.
Class members who opt-out will not be able to participate in this or any future settlement or judgment. You cannot opt back in. If Class Members do not opt-out now, they will be bound by this and any other future settlements or judgment. You cannot opt-out later on in the lawsuit.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 October 24, 2018 at the latest.Top
If you do not want to be a Class Member in the Film Capacitor Class Actions, your opt-out must be received by October 24, 2018 at the latest. Instructions on how to opt-out of the Film Capacitor Class Actions can be found here.Top
Typically Class Members opt-out if they want to start or continue their own individual lawsuit against one or all of the defendants.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
Belleau Lapointe, s.e.n.c.r.l. represents Class Members in Québec.
Camp Fiorante Matthews Mogerman LLP represents 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 up to 25% of the settlements, at the settlement hearing.Top
The lawyers representing Class Members in the Film Capacitor Class Actions also represent Class Members in Electrolytic 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 Electrolytic Capacitors Class Actions.