Lithium Ion Batteries Antitrust Litigation

What is this settlement about?
Plaintiffs claim that the Defendants and co-conspirators engaged in an unlawful conspiracy to fix, raise, maintain or stabilize the prices of Lithium Ion Battery Cells (“Li-Ion Cells”) in violation of U.S. and state antitrust, unfair competition, and consumer protection laws by agreeing to fix prices and restrict output of Li-Ion Cells by, among other things, face-to-face meetings and other communications, customer allocation, and the use of trade associations. Plaintiffs further claim that indirect purchasers of Li-Ion Batteries and Li-Ion Products may recover for the effect that the conspiracy had on the prices of these devices. Plaintiffs allege that, as a result of the unlawful conspiracy involving Li-Ion Cells, they and other indirect purchasers paid more for Li-Ion Batteries and Li-Ion Products than they would have paid absent the conspiracy. The Defendants deny Plaintiff’s claims.

How much settlement money is available?
$106,950,000 (with more expected)
Sony: $19.5M
LG Chem America: $39M
Hitachi Maxwell: $3.45M
NEC Corporation: $2.5M

What are LIB products?
Lithium Ion Batteries (“LIBs”) are rechargeable battery cells that utilize lithium ion technology.

  • “Lithium Ion Battery Cell(s)” or “Li-Ion Cells” means cylindrical, prismatic, or polymer cell used for the storage of power that is rechargeable and uses lithium ion technology.
  • “Lithium Ion Battery” or “Li-Ion Battery” means Lithium Ion Battery Cell or Lithium Ion Battery Pack.
  • “Lithium Ion Battery Pack” means Lithium Ion Battery Cells that have been assembled into a pack, regardless of the number of Lithium Ion Cells contained in such packs.
  • “Lithium Ion Battery Products” or “Li-Ion Products” means products manufactured, marketed, and/or sold by Defendants, their divisions, subsidiaries, or Affiliates, or their alleged co-conspirators that contain one or more Lithium Ion Battery Cells manufactured by Defendants or their alleged co-conspirators. Lithium Ion Battery Products include, but are not limited to, laptop computers, notebook computers, tablet computers (e.g., iPads), mobile phones, smart phones, cameras, camcorders, digital video cameras, digital audio players (e.g., iPods), and power tools.

Who is eligible for the settlement?
All persons and entities who, from January 1, 2000 through May 31, 2011, indirectly purchased a Li-Ion Battery or Li-Ion Product containing Lithium Ion Batteries or Lithium Ion Battery Packs in the United States for their own use and not for resale from one or more of the Defendants. “Indirectly” means the product was purchased from someone other than the manufacturer, such as a retail store

Who are the defendants? 
The Settling Defendants:

  • Sony Corporation, Sony Energy Devices Corporation, and Sony Electronics Inc. (“Sony”).
  • Hitachi Maxell, Ltd.
  • LG Chem America, Inc.
  • NEC Corporation

The Non-Settling Defendants:

  • Samsung SDI Co. Ltd.
  • Samsung SDI America, Inc
  • Panasonic Corporation
  • Panasonic Corporation of North America
  • Sanyo Electric Co., Ltd.
  • Sanyo North America Corporation
  • Maxell Corporation of America
  • Toshiba Corporation.

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Who is Class Action Capital?
Class Action Capital is a premiere provider of outsourced class action settlement claim management to businesses in the U.S. With over 4,000 corporate clients we are experts at identifying settlements, analyzing and navigating important terms and conditions, and preparing and filing valid Claims for our clients. The bottom line is we work to maximize your recovery from each settlement while minimizing your time, use of internal resources and the risk of mistake if you were to take on preparing and filing a Claim on your own. Our company’s founders are from the class action litigation and settlement administration industries and are experts in class action settlement claim management.

What does Class Action Capital do for my company?
CLASS ACTION CAPITAL DELIVERS OUTSOURCED CLASS ACTION SETTLEMENT CLAIM MANAGEMENT SERVICES TO BUSINESSES THROUGHOUT THE U.S., SPECIALIZING IN THE EARLY IDENTIFICATION OF CLASS ACTION SETTLEMENT OPPORTUNITIES AS WELL AS PREPARING AND FILING COMPREHENSIVE CLAIMS.

IDENTIFICATION & EDUCATION: Our expertise allows Class Action Capital to work on a claimant’s behalf to ensure all claims are properly identified and filed. Class Action Capital fully analyzes the relevant settlement documents, including the Notice, Claim Form, Motions, Orders, and Transcripts. We use our domain expertise and proprietary analysis to educate your company on the scope and terms of the settlement opportunity, in general, and, specifically, how it applies to your situation.

DATA RETRIEVAL & ANALYSIS: We then work with your company to efficiently identify any relevant available historical data both internally from the client and also from any potential external data sources. At that point, we analyze and organize the data and determine what, if any, missing pieces exist. We then work to plug in those holes with acceptable and defensible alternative data so as to best position a comprehensive claim, i.e., maximizing claim value.

CLAIM PREPARATION & FILING: After assisting clients in gathering all requisite data and documentation, we then use our domain knowledge and expertise to best position all available resources in preparing and timely filing a comprehensive claim.

CLAIM & SETTLEMENT TRACKING: After preparing and filing a claim, along with any other requisite supporting information or documentation, we then continue to monitor (a) the settlement via court filings and communications with class counsel and the administrator and (b) each claim including trouble shooting issues and addressing the administrator’s questions and concerns.

AUDIT: During the audit process, should you receive an audit request letter from the administrator we will prepare an acceptable and defensible audit response on your behalf and will handle the entire process of managing the claim audit and advocating for true claim value.

ACCOUNTING: Working directly with the claims administrator, we manage the receipt of the settlement funds to ensure timeliness and accuracy of the claim value and promptly issue your post-fee funds along with a transparent accounting statement for record-keeping purposes.

When is the deadline to file a claim?
January 19, 2019

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