Antitrust Law Daily Wrap Up, ANTITRUST—N.D. Cal.: Settlement of price fixing claims against cathode ray tube manufacturers preliminarily approved, (Jan 10, 2014)

By Linda O’Brien, J.D., LL.M.

The federal district court in San Francisco has granted class certification and preliminary approval to a proposed settlement of price fixing claims against certain manufacturers of cathode ray tube (CRTs), Hitachi, Ltd. and its affiliates, by a class of direct purchasers of CRTs made by the defendants that were ultimately incorporated into finished products (In re Cathode Ray Tube (CRT) Antitrust Litigation, January 8, 2014, Conti S.).

The settlement requires Hitachi to pay over $13.4 million into a settlement fund, and the settling entities have agreed to cooperate with the plaintiffs’ information requests associated with their ongoing claims against other manufacturers.

The court found that the prerequisites to a class action under Federal Rule of Civil Procedure 23 were satisfied: (1) hundreds of geographically dispersed class members made joinder of all members impracticable; (2) common questions of law and fact predominated over individual claims; (3) claims or defenses of class plaintiffs were typical of the clams or defenses of the class; (4) the plaintiffs would fairly and adequately protect the interests of the class and have retained experienced counsel; and (5) a class action was superior to individual suits.

For purposes of the settlement, a plaintiff class consisting of all persons and entities who directly purchased a CRT product in the United States from the defendant, its affiliates, or subsidiaries, between March 1, 1995 and November 25, 2007, was certified by the court. The class excluded the defendants and related corporate entities, co-conspirators, governmental entities, and any judges assigned to oversee any aspect of the suit. The notice given to the class settlement was approved and the lead counsel appointed for the class.

The settlement does not conclude the multidistrict litigation. Although five previous settlements to resolve the direct purchasers’ claims have been finally approved by the court, the suit continues against numerous other CRT manufacturers.

The case is No. CV-07-5944-SC, MDL No. 1917.

Attorneys: Guido Saveri and R. Alexander Saveri (Saveri & Saveri) for the direct purchaser plaintiffs. James H. Mutchnik (Kirkland & Ellis LLP) for Hitachi, Ltd., Hitachi Displays, Ltd., Hitachi America, Ltd., Hitachi Asia, Ltd., and Hitachi Electronic Devices (USA) Inc.

Companies: Hitachi, Ltd.; Hitachi Displays, Ltd.; Hitachi America, Ltd.; Hitachi Asia, Ltd.; Hitachi Electronic Devices (USA) Inc.

Cases: Antitrust CaliforniaNews