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
Settlement agreements have been reached with: Nippon Chemi-Con and United Chemi-Con, Inc. (collectively “NCC/UCC”); KEMET Corporation and KEMET Electronics Corporation (collectively “KEMET”); Nichicon Corporation and Nichicon (America) Corporation (collectively “Nichicon”) and ROHM Co., Ltd. and ROHM Semiconductor U.S.A., LLC (f/k/a ROHM Electronics U.S.A., LLC) (collectively “ROHM”).
NCC/UCC, KEMET and Nichicon have respectively agreed to pay CAD $400,000, CAD $325,000 and CAD $350,000 totaling CAD $1,075,000 for the benefit of Film Capacitors Class Members. ROHM asserts and the plaintiffs have accepted that ROHM did not manufacture or sell any film capacitors during the Film Class Period. As a result, the Film Capacitors Class Action will be dismissed as against ROHM.
NCC/UCC, ROHM, KEMET, Nichicon and another defendant named Fujitsu, have further respectively agreed to pay CAD $20,900,000, CAD $450,000, CAD $6,200,000, CAD $14,150,000, and CAD $465,000, totaling CAD $42,165,000 in a separate electrolytic capacitors class action (“Electrolytic Settlement Class Members” and “Electrolytic Capacitors Class Action”).
In addition, NCC/UCC, 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 interest of Film Settlement Class Members.
Separate motions to approve the settlements are scheduled to be heard at:
If you think you are a Film Settlement Class Member and want to participate in the settlement approval hearing(s), 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 September 22, 2023 for the ROHM, 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 on 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, KEMET and Nichicon settlements 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
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 will ask the Court to approve legal fees of up to 25% of the Film settlement amounts at the settlement approval hearing.Top
● Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., and Sanyo Electric Co., Ltd. (collectively, “Panasonic”);
● Nitsuko Electronics Corporation (“Nitsuko”);
● Okaya Electric Industries Co., Ltd., and Okaya Electric America, Inc. (collectively, “Okaya”);
● 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”).
Panasonic, Nitsuko, Okaya, ELNA and Holy Stone agreed to pay, respectively, CAD $1,350,000.00, USD $190,000.00, CAD $460,000.00, CAD $25,000.00 and CAD $10,000.00 for the benefits of Film Settlement Class Members, and to provide cooperation to the plaintiffs. The Panasonic, Okaya, Nitsuko, ELNA and Holy Stone settlement money is being held in an interest-bearing trust account for the benefit of Film Settlement Class Members.
The litigation remains ongoing against the non-settling defendants.
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