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If you directly purchased aluminum, tantalum or film capacitors between January 1, 2002 and December 31, 2013, you could be affected by a Class Action Settlement.  

The Court granted Preliminary Approval of Round 6 Settlements with TOSHIN KOGYO Co., Ltd. and Nissei Electric Co., Ltd., which are collectively referred to as the “Non-Settling Defendants.”

Additionally, all persons that directly purchased capacitors from certain manufacturers between January 1, 2002 and December 31, 2013 must take immediate action to preserve their legal rights relating to an antitrust class action lawsuit named In re Capacitors Antitrust Litig., 3:17-md-02801-JD (N.D. Cal.).

On November 14, 2018, the Hon. James Donato of the United States District Court for the Northern District of California entered an order certifying a class of direct purchaser plaintiffs (the “Class”) in the lawsuit. (Dkt. 385) If you fit within the definition of the Class and have not yet effectively excluded yourself in accordance with the terms of the 2019 Notice of Certification of Class of Direct Purchasers of Capacitors, you must take action now to exclude yourself from the Settlement Class if you wish to file or continue a separate lawsuit against any defendant relating to any claim being litigated by the Class.  You can view the long notice at this website.

Class Members (round 6 settlement class)

·       You are a settlement class member (“Settlement Class Member”) if you are a person in the United States that purchased Capacitors (including through controlled subsidiaries, agents, affiliates, or joint ventures) directly from any of the Defendants, their subsidiaries, agents, affiliates, or joint ventures from January 1, 2002 through December 31, 2013. Excluded from the Settlement Class are (i) Defendants (and their subsidiaries, agents, and affiliates); (ii) shareholders holding more than 10% equity interest in Defendants; (iii) each member of the Settlement Class that timely requests exclusion by “opting out”; (iv) all governmental entities; (v) any co-conspirator; and (vi) the judges and chambers staff in this case, including their immediate families.  Also excluded from the Settlement Class are those that effectively excluded themselves in accordance with the terms of the 2019 Notice of Certification of Class of Direct Purchasers of Capacitors.

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