LITHIUM ION BATTERIES & OPTICAL DISK DRIVE ANTITRUST SETTLEMENTS

WHAT ARE THESE CASES ABOUT?

Lithium Ion Batteries Antitrust Settlement:

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.

Optical Disk Drive Antitrust Settlement:

The lawsuit claims that the Defendants conspired to fix, raise, maintain or stabilize prices of ODDs at artificially high levels in violation of Section 1 of the Sherman Act and various state laws. The Defendants deny Plaintiff’s allegations. The eligibility requirements are as follows: all persons and entities who, as residents of Arizona, California, District of Columbia, Florida, Hawaii, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oregon, Tennessee. Utah, Vermont, West Virginia and Wisconsin, during the period of April 2003 through December 2008, purchased new for their own use and not for resale: (i) a computer with an internal ODD; (ii) a stand-alone ODD designed for internal use in computers; or (iii) an ODD designed to be attached externally to a computer.

How much settlement money is available?
$205 Million

What are ODD Products? ODD refers to a DVD-RW, DVD-ROM, or COMBO drive manufactured by one or more Defendants or their co conspirators.

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