Electrolytic and Film Capacitors Class Actions

Court:
Ontario Superior Court of Justice

Class Members:
If you purchased electrolytic capacitors, or products containing them, 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, 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 proceedings 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

Cette page est également disponible en Français - Cliquez ici.

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.

Important Notice: New Settlements Reached

Settlements have been 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.

Matsuo has agreed to pay CAD $1,175,000 for the benefit of Electrolytic Settlement Class Members and CAD $ 25,000 for the benefit of Film Settlement Class Members.

Rubycon has agreed to pay CAD $7,300,000 for the benefit of Electrolytic Settlement Class Members and CAD $200,000 for the benefit of Film Settlement Class Members.

Shizuki has agreed to pay CAD $225,000 for the benefit of Film Settlement Class Members.

Motions to approve the Matsuo, Rubycon and Shizuki settlements have been scheduled in Ontario for April 22, 2025, in British Columbia for May 7, 2025 and in Québec for April 4, 2025.

For more detailed information on the settlement approval hearings and your rights at this time, or to view a copy of the Court approved notices, please visit the Settlement Website.

Case History

Previous Court-Approved Settlements

In the Electrolytic Capacitors Class Action, respective settlements have been reached 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 (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”);

• 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 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 Corporation and Tokin America Inc.; 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 with the following defendants:

• NCC/UCC;

• KEMET;

• Nichicon;

• ELNA;

• HolyStone;

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

• Nitsuko Electronics Corporation; and

• Panasonic.

As the lawsuits are still ongoing and there could be other settlements or a judgment against the other defendants, the settlement funds (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 will be made at an appropriate time. That plan must be approved by the Courts before it takes effect.

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

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.

Film Capacitors Class Action: A certification motion in the 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?

Inquiries should be directed to:

Email:
classactions@foremancompany.com

Phone:
Anni Barry – 519.914.1175 x 107

Mail:
Foreman & Company
Attention: Jonathan Foreman
4 Covent Market Pl
London, ON N6A 1E2

Court Documents Related to this Case

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.