**The deadline for filing a claim has passed and all settlement funds have been distributed. **
The Lithium Ion Batteries (LIB) class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain the price of Lithium Ion Batteries sold in North America and elsewhere between January 1, 2000 and January 1, 2012.
Developments
Claims Process
The deadline to apply for compensation from the settlements has passed. The settlement funds have been distributed to approved claimants.
For more information about the claims process, visit www.batteriessettlement.ca
The class action has been resolved in its entirety.
Settlements
Settlements have been reached with the following defendants totaling over $21 million:
- NEC Corporation and NEC Tokin Corporation (“NEC”);
- Samsung SDI Co., Ltd. and Samsung SDI America, Inc. (“Samsung”);
- Sony Corporation, Sony Energy Devices Corporation, Sony Electronics, Inc. and Sony of Canada Ltd. (“Sony”);
- LG Chem, Ltd. and LG Chem America, Inc. (“LG Chem”);
- Toshiba Corporation, Toshiba America Electronic Components, Inc. and Toshiba of Canada Limited (“Toshiba”);
- Maxell Holdings, Ltd. and Maxell Corporation of America ("Maxell"); and
- Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., and Sanyo Electric Co., Ltd. (“Panasonic”).
The Settlements have been approved by the Ontario and Quebec Courts, as applicable. The Courts also approved a process for distributing settlement funds to eligible settlement class members.
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
No, class counsel are paid on a contingency fee basis. This means that class counsel are only paid if successful in the litigation. Class counsel fees are payable out of any recovery achieved in the litigation. Class counsel fees are subject to court approval.
Can I join the class action?
No. The deadline to apply for compensation from the settlements has passed.
I still have a question. Who should I contact?
If you have any other questions, please complete the contact form below.
Documents
Settlements
- Distribution Protocol (English) (French)
- NEC Settlement Agreement
- Samsung Settlement Agreement
- Sony Settlement Agreement
- LG Chem Settlement Agreement
- Toshiba Settlement Agreement
- Maxell Settlement Agreement
- Panasonic Settlement Agreement
- Notice of Settlement Approval Hearing (English) (French)
Contested Litigation
- June 24, 2014 Discontinuance Order against Hitachi, Ltd.
- January 27, 2015 Discontinuance Order against Maxell Canada and NEC Canada, Inc.
- August 31, 2015 Discontinuance Order against Samsung Electronics Canada Inc.
- September 2, 2015 Dismissal Order against GS Yuasa Corporation
- October 5, 2015 Certification Decision
- August 8, 2016 Leave to Appeal Decision
- October 12, 2018 Appeal Decision