Optical Disk Drive Indirect Purchaser Class Action Settlement
UPDATE: On May 24, 2017, three additional defendants have agreed to settle this class action lawsuit, bringing the total settlement fund up to $180 million. Class Members now have until Aug. 1, 2017 to file a claim, which can be done online in just a few minutes. A final fairness hearing will take place on Sept. 7, 2017.
A group of electronics companies have agreed to pay a total of $180 million to settle a class action lawsuit that accused them of engaging in a conspiracy to fix the prices of optical disk drives. These settlements affect indirect purchasers of optical disk drives.
Optical disk drives are devices that allow data to be read from and/or written to optical disks, such as DVDs, CDs and other computer software storage. Optical disk drives are included in a variety of consumer electronic devices, including desktop and laptop computers, game consoles and camcorders.
This optical disk drive antitrust class action lawsuit includes a number of consolidated cases that were filed against electronic companies after the U.S. Department of Justice announced in 2009 that it was conducting a criminal investigation into the optical disk drive industry. The optical disk drive class action lawsuits were consolidated in 2010.
On July 21, 2016, a California federal judge approved $124.5 million worth of settlements in the case with Sony, Hitachi-LG Data Storage, Panasonic Corp., and NEC Corp. In March 2017, PLDS, Pioneer and TEAC agreed to pay an additional $55.5 million to resolve the price-fixing claims against them, bringing the total settlement to $180 million.
Consumers covered by the optical disk drive settlements include consumers in 23 states and the District of Columbia who bought optical disk drives from April 2003 to December 2008.
Several named defendants remain in this class action lawsuit including: BenQ Corporation, BenQ America Corp., Samsung Electronics Co., Ltd., Toshiba Corp., Toshiba Samsung Storage Technology Corp., Toshiba Samsung Storage Technology Corp. Korea, and Quanta Storage Inc. A trial date of Feb. 12, 2018 has been set for these remaining electronics companies.
Class Members who want to opt out of the settlement or ask to be excluded from its terms, must do so by July 14, 2017.
Who’s Eligible
Class Members of the indirect purchaser optical disk drive settlement include 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, or Wisconsin who, between April 1, 2003 and Dec. 31, 2008, purchased (for their own use and not for resale) one or more of the following products manufactured by one or more of the defendants or their alleged coconspirators:
• A computer with an internal optical disk drive;
• A stand-alone optical disk drive designed for internal use in computers; or
• An optical disk drive designed to be attached externally to a computer.
NOTE: Purchases of Panasonic-brand computers are not covered by this class action settlement.
Potential Award
$10 per drive (estimated).
The settlement fund will be distributed among Class Members on a pro rata basis. The actual amount each consumer receives will be based on how many ODDs purchased by the Class Member during the Class period and the total number of claims filed. The Claim Administrator estimates this will amount to $10 per drive, but the actual payout could be more or less depending on these factors.
Proof of Purchase
Class Members must file a Claim Form no later than Aug. 1, 2017 as well as provide the total number of products containing an ODD purchased between Apr. 1, 2003 through Dec. 31, 2008.
“Additionally, if you previously filed a claim on the initial settlements with Panasonic, NEC, Sony and HLDS, you do not need to file a new claim now and your previously filed claim will automatically be counted toward the new settlements with PLDS, Pioneer and TEAC, as well as any future settlements that may be reached with any of the remaining defendants in the case, unless you specifically exclude yourself from one or more of those new settlements.”
Claim Form
Claim Form Deadline
8/1/2017
Case Name
In re: Optical Disk Drive Antitrust Litigation, Case No. 3:10-md-2143-RS, in the U.S. District Court for the Northern District of California, San Francisco Division
Final Hearing
9/7/2017
Settlement Website
www.OpticalDiskDriveAntitrust.com
Claims Administrator
In re: ODD Products Indirect Purchaser Litigation
c/o Gilardi & Co. LLC
P.O. Box 43424
Providence, RI 02940-3424
877-368-9020
[email protected]
Class Counsel
HAGENS BERMAN SOBOL SHAPIRO LLP
Defense Counsel
Counsel for Panasonic and NEC Corporation:
WINSTON & STRAWN LLP
Counsel for Hitachi-LG Data Storage:
ROPES & GRAY LLP
Counsel for Sony:
SCHILLER & FLEXNER LLP
Counsel for Philips:
BAKER BOTTS LLP
Counsel for Pioneer:
JONES DAY
Counsel for TEAC:
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