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
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”).
ELNA and Holy Stone have agreed to pay CAD $25,000 and CAD $10,000, respectively, for the benefit of the Film Settlement Class Members and CAD $2,475,000 and CAD $790,000, respectively, for the benefit of class members in a separate electrolytic capacitor class actions (“Electrolytic Settlement Class Members” and “Electrolytic Capacitor Class Actions”). ELNA and Holy Stone assert and the plaintiffs have accepted that they did not manufacture any film capacitors during the Film Class Period. As a result, the recovery on behalf of Film Settlement Class Members is nominal. In addition, both ELNA and Holy Stone have agreed to provide cooperation to the plaintiffs in pursuing their claims against the non-settling defendants. In exchange, ELNA and Holy Stone 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 settlement is fair, reasonable and in the best interests of Film Settlement Class Members.
Motions to approve the settlement are scheduled to be heard at:
Depending on the Covid-19 protocols in place at the time, it is anticipated that the settlement approval hearing will proceed by videoconference. If you think you are a Film Settlement Class Member and want to participate in the settlement approval hearing, please contact the lawyers working on the Class Actions for 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 Film 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 Film Settlement Class Members. If additional amounts are recovered in the future, class counsel will prepare a plan for paying those amounts out to Film 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 settlements, 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 March 14, 2022 - 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 March 14, 2022 at the latest.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 Film Settlement Class Members in Québec.
Camp Fiorante Matthews Mogerman LLP represents Film 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 are not asking the Court to approve legal fees in the Film Capacitors Class Actions.Top
Previous settlements were reached with three groups of defendants, Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., and Sanyo Electric Co., Ltd. (collectively, “Panasonic”); Nitsuko Electronics Corporation (“Nitsuko”); and Okaya Electric Industries Co., Ltd.; and Okaya Electric America, Inc. (“Okaya”). Panasonic, Nitsuko and Okaya respectively agreed to pay CAD $1,350,000.00, USD $190,000.00 and CAD $460,000.00, and to provide cooperation to the plaintiffs. The Panasonic, Okaya and Nitsuko settlement money is being held in an interest-bearing trust account for the benefit of Film Settlement Class Members.
In Québec, on March 22, 2019, the Superior Court authorized the electrolytic Class Action, which is now allowed to proceed towards a trial. In Ontario and British Columbia, the electrolytic and film Class Actions are continuing towards the certification stage.
The lawyers representing Film Settlement Class Members in the Film Capacitor Class Actions also represent Electrolytic Settlement 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.Top