Berger & Montague is counsel to a proposed class of direct
purchasers of aluminum and tantalum electrolytic capacitors and
Capacitors are a fundamental component of electrical
circuits that store electric charge and, as such, are ubiquitous in
electronic devices. This class action alleges that the major
capacitor manufacturers, including Panasonic Corporation, SANYO
Electric Co., Ltd., NEC TOKIN Corporation, KEMET Corporation,
Nippon Chemi-Con Corporation, United Chemi-Con, Inc., Fujitsu Ltd.,
Nichicon Corporation, AVX Corporation, Rubycon Corporation, ELNA
Co., Ltd., Matsuo Electric Co., Ltd., TOSHIN KOGYO Co., Ltd., Holy
Stone Enterprise Co., Ltd., Vishay Polytech Co., Ltd., ROHM Co.,
Ltd., Okaya Electric Industries Co., Ltd., Taitsu Corporation,
Shinyei Kaisha, Nitsuko Electronics Corporation, Nissei Electric
Co., Ltd., Soshin Electric Co., Ltd., and Shizuki Electric Co.,
Ltd., conspired to raise capacitor prices. A criminal
investigation by the U.S. Department of Justice into potential
antitrust violations in the capacitors industry is ongoing.
To date, two defendants, NEC TOKIN and Hitachi, have pled guilty.
Three additional companies--Rubycon, ELNA, and Holy Stone--have
agreed to submit guilty pleas.
On May 26, 2015 and December 30, 2015, the district court
entered orders denying almost all of the defendants' motions to
dismiss. Discovery is proceeding. Plaintiffs anticipate
moving for class certification in early 2017.
On September 27, 2016, Plaintiffs filed a motion for preliminary
approval of proposed settlements with Defendants Fujitsu, NEC
TOKIN, Nitsuko, Okava, and Rohm.
LEAD ATTORNEYS: Eric L. Cramer, Ruthanne