Direct Purchaser Optical Disk Drive Antitrust Litigation
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Frequently Asked Questions


  1. What is this litigation about?
  2. Who are the parties involved?
  3. How do I know if I am part of the settlements?
  4. What is an “Optical Disk Drive Device”?
  5. What do the proposed settlements provide?
  6. How can I get a payment?
  7. Can I opt out of the settlements?
  8. Do I have a lawyer in this case?
  9. When and where will the Court decide whether to approve the settlements?
  10. What happens if I do nothing at all?

 



  1. What is this litigation about?


    Plaintiffs claim that Defendants and co-conspirators engaged in an unlawful conspiracy to fix, raise, maintain or stabilize the prices of ODDs. Plaintiffs further claim that direct purchasers from the Defendants of laptop and notebook computers that contain ODDs may recover for the effect that the ODD conspiracy had on the prices of these devices. Plaintiffs allege that, as a result of the unlawful conspiracy involving ODDs, they and other direct purchasers paid more for ODDs than they would have paid absent the conspiracy. Defendants deny Plaintiffs’ claims.

    You or your company may have directly purchased an Optical Disk Drive or an Optical Disk Drive Device between January 1, 2004 – December 31, 2011. A direct purchaser is a person or business who bought an Optical Disk Drive or an Optical Disk Drive Device directly from one or more of the Defendants, affiliates, or subsidiaries. A direct purchaser is NOT a person or company who purchased an Optical Disk Drive or an Optical Disk Drive Device from a wholesaler or a retail store such as Best Buy, New Egg, Ingram Micro or Walmart.

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  2. Who are the parties involved?

    The following entities which are named as Defendants in this action:

    Sony Corporation, Sony Optiarc Inc., NEC Corporation, Sony NEC Optiarc Inc., Sony Optiarc America Inc. (FKA Sony NEC), Sony Computer Entertainment America, Inc., Sony Electronics Inc., LG Electronics, Inc., LG Electronics USA, Inc., Hitachi, Ltd., Hitachi-LG Data Storage, Inc., Hitachi-LG Data Storage Korea, Inc., Toshiba Corporation, Toshiba America Information Systems, Inc., Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Toshiba Samsung Storage Technology Corp., Toshiba Samsung Storage Technology Corp. Korea, Lite-On IT Corp. of Taiwan, Koninklijke Philips Electronics N.V., Philips & Lite-On Digital Solutions Corp., Philips & Lite-On Digital Solutions USA, Inc., BenQ Corporation, BenQ America Corporation, TEAC Corporation, TEAC America, Inc., Quanta Storage Inc., Quanta Storage America, Inc., Panasonic Corporation, Panasonic Corporation of North America;  Pioneer Corporation, Pioneer North America, Inc., Pioneer Electronics (USA) Inc., and Pioneer High Fidelity Taiwan Co., Ltd.

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  3. How do I know if I am part of the settlements?

    The settlement classes are defined as follows:

    Hitachi-LG Data Storage (or HLDS) Settlement: All individuals and entities who, during the period from January 1, 2004 through December 31, 2011, purchased Optical Disk Drives and Optical Disk Drive Devices in the United States directly from the Defendants, their subsidiaries, or their affiliates. Excluded from the Class are Defendants and their parents, subsidiaries, affiliates, and all governmental entities.


    Panasonic, NEC, PLDS, TSST, Sony, BenQ, TEAC, QSI, and Pioneer Settlements Settlements: All individuals and entities who, during the period from January 1, 2004 until at least January 1, 2010 purchased one or more Optical Disk Drives or a laptop or desktop computer incorporating an ODD in the United States directly from the Defendants, their subsidiaries, or their affiliates. Excluded from the Class are Defendants and their parents, subsidiaries, affiliates, and all governmental entities.

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  4. What is an “Optical Disk Drive Device”?

    Optical Disk Drive Devices include devices incorporating Optical Disk Drives such as desktop computers, mobile/laptop computers, videogame consoles, CD players/recorders, DVD players/recorders, and Blu-Ray disc players/recorders.

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  5. What do the proposed settlements provide?

    The HLDS Settlement has a total Settlement Fund of $26 million. The Panasonic Settlement has a total Settlement Fund of $5.75 million. The NEC Settlement has a total Settlement Fund of $6.15 million. The PLDS Settlement has a total Settlement Fund of $15 million. The TSST Settlement has a total Settlement Fund of $9.2 million. The Sony Settlement has a total Settlement Fund of $6 million. The BenQ Settlement has a total Settlement Fund of $0.875 million. The TEAC Settlement has a total Settlement Fund of $1.325 million. The QSI Settlement has a total Settlement Fund of $0.4 million. The Pioneer Settlement has a total Settlement Fund of $4.2 million.

    The Claims administrator will review the information listed on each claim for valid qualifying purchases. After the purchases are verified the Claims Administrator will: 

    1) Assign a dollar value to each purchase (ODDs will be valued at 100% of their purchase price, and ODD Devices will be valued at a fixed amount as follows: desktop or laptop computer: $32, Sony PlayStation 2: $20, Sony PlayStation 3: $73, CD player/recorder: $15, DVD player/recorder: $20, and each purchase of a Blu-Ray player/recorder: $73);

    2) Allocate the value of each purchase between the settlements reached with Settling Defendants (the settlements had varying and overlapping class definitions and class periods, so it is possible certain purchases will qualify for one settlement fund, but not the other);

    3) Allocate the Net Settlement Fund on a pro rata basis based on the total dollar value of each class member’s purchase(s) of ODDs and ODD Devices in proportion to the total dollar value of all valid claims filed.

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  6. How can I get a payment?

    To be eligible to receive a payment under one of the settlements, you must (1) be a Class Member of that settlement; (2) you must not have excluded yourself from that settlement; and (3) you must submit a valid and timely Claim Form (either online or paper), as described next.


    You only need to submit one Claim Form (either online or paper); your claim will automatically be evaluated under each settlement. You are encouraged to fill out your claim form online. Do not fill out both a paper claim form and an online claim form.


    You may fill out a Claim Form online by clicking File A Claim above. If you choose to submit your Claim Form online, you must submit the Claim Form no later than March 7, 2016.

    If you have already submitted a claim during the first round of claims in this case (which ended on June 22, 2015) and your claim information has not changed, then you do not need to do anything; your claim for this second round will automatically be entered.

    You may download a copy of the Claim Form in the Case Documents of this website, or request that the Notice and Claim Form be mailed to you.  If you choose to mail your Claim Form, you must mail the Claim Form to the Settlement Administrator at the address indicated on the Claim Form. It must be postmarked no later than March 7, 2016.

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  7. Can I opt out of the settlements?

    The deadline for Class Members to exclude themselves from the settlements is February 22, 2016.

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  8. Do I have a lawyer in this case?

    Yes. The Court has appointed the law firm of Saveri & Saveri, Inc. to represent you. You do not have to pay for this service. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense.

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  9. When and where will the Court decide whether to approve the settlements?

    The Court will hold a Fairness Hearing at 1:30 p.m. on April 14, 2016, at United States District Courthouse, 450 Golden Gate Avenue, Courtroom 3, 17th floor, San Francisco, California, 94102. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the Settlement Class website for information. At this hearing, the Court will consider whether the settlements are fair, reasonable and adequate. If there are objections or comments, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the settlements. We do not know how long these decisions will take.

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  10. What happens if I do nothing at all?

     If you do nothing, you will receive no money from the settlements.

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