IF YOU BOUGHT AN
OR FILM CAPACITOR
CERTAIN DISTRIBUTORS SINCE 2002
YOU COULD GET MONEY FROM
APPROXIMATELY $15 MILLION
NEC TOKIN Corp. and NEC TOKIN America, Inc. (“NEC TOKIN”); Okaya Electric
Industries Co., Ltd. (“OEI”); and Nitsuko Electronics Corporation (“Nitsuko”)
(collectively “Settling Defendants”) have agreed to Settlements resolving claims
that they allegedly fixed the prices of Capacitors. This may have caused individuals
and businesses to pay more for Capacitors. Capacitors are electronic components
that store electric charges between one or more pairs of conductors separated
by an insulator.
AM I INCLUDED?
You may be included if, from January 1, 2002, through July 15, 2016, you purchased one or more Capacitors
from a distributor (or from an entity other than a Defendant) that a Defendant or alleged co-conspirator
manufactured. “Indirect,” as that term is used below, means that you bought the product from someone
other than the manufacturer, for example, from a distributor. A more detailed notice, including the exact
Class definitions and exceptions to Class membership, is available at www.capacitorsindirectcase.com.
WHAT DO THE SETTLEMENTS PROVIDE?
The Settlements provide for the combined payment of $14,950,000 in cash to the Classes. The Settling
Defendants have also agreed to cooperate in the pursuit of claims against other Defendants.
HOW CAN I GET A PAYMENT?
Money will not be distributed to the Classes at this time. The lawyers for the
Classes will pursue the lawsuit against the other Defendants to see if any
future settlements or judgments can be obtained in the case and then be
distributed together to reduce expenses. The lawyers anticipate that when
the settlement proceeds are disbursed to the Classes, it will be done on a pro
rata basis based on the value of your Capacitor purchases.
If you want to receive notice about the claims process or future settlements,
you should register at www.capacitorsindirectcase.com.
WHAT ARE MY RIGHTS?
Even if you do nothing, you will be bound by the Court’s decisions concerning these Settlements. If you want
to keep your right to sue one or more of the Settling Defendants regarding Capacitor purchases, you must
exclude yourself in writing from the Classes by May 31, 2017. If you stay in the Classes, you may object in
writing to the Settlements by May 31, 2017. The Settlement Agreements, along with details on how to exclude
yourself or object, are available at www.capacitorsindirectcase.com. The U.S. District Court for the Northern
District of California will hold a hearing on July 6, 2017, at 10:00 a.m., at 450 Golden Gate Avenue, 19th Floor,
Courtroom 11, San Francisco, CA 94102 to consider whether to approve the Settlements. Class Counsel
may also request at the hearing, or at a later date, attorneys’ fees of up to 25% of the Settlement Funds,
plus reimbursement of costs and expenses, for investigating the facts, litigating the case, negotiating the
Settlements, providing notice to the Classes, and/or claims administration. The total amount of these costs
shall be no more than $2,558,454.00. You or your own lawyer may appear and speak at the hearing at
your own expense, but you don’t have to. The hearing may be moved to a different date or time without
additional notice, so it is a good idea to check the above-noted website for additional information. Please
do not contact the Court about this case.
If the case against the other Defendants is not dismissed or settled, Class Counsel will have to prove
their claims against the other Defendants at trial. Dates for the trial have not yet been set. The Court has
appointed the law firm of Cotchett, Pitre & McCarthy, LLP to represent Indirect Purchaser Class members.
FOR MORE INFORMATION: 1-866-217-4245 | WWW.CAPACITORSINDIRECTCASE.COM