This proposed class action alleges that several defendants conspired with each other to raise, maintain, fix and/or stabilize the price of lithium-ion batteries and lithium-ion battery products sold in Canada and elsewhere from January 1, 2000 until at the earliest December 31, 2011.
Lithium-ion batteries are rechargeable battery contained within consumer electronic products such as mobile phones, MP3 players and notebook computers.
The action alleges that the defendants and unnamed co-conspirators participated in illegal, secretive meetings and made agreements relating to the prices, market share divisions and production levels for lithium-ion batteries.
Sotos Class Actions is bringing this action together with the law firms Siskinds LLP based in London, Ontario and Camp Fiorante Matthews Mogerman based in Vancouver, B.C.
- August 16, 2021:
Claims ProcessClaims process for settlement funds – MAKE A CLAIM NOWAnyone who purchased LIBs or LIB Products in Canada between January 1, 2000 and January 1, 2012 is eligible to claim settlement benefits.
- “LIB” means lithium ion batteries, a type of rechargeable batteries.
- “LIB Products” are laptop computers, notebook computers, tablet computers, e-book readers, MP3 players, personal digital assistants, handheld GPS, handheld video players, cellphones or smartphones (excluding cell phones acquired as part of a cell phone service contract), or replacement batteries for any of these products.
The claims process is now open. The deadline to make a claim is December 17, 2021!
Please see the Notices for more details about the claims process:
- December 5, 2020: The Plaintiffs have reached a settlement agreement with the Panasonic defendants. Please click here for the notice relating to the settlement approval hearing and proposed distribution of settlement funds scheduled in the Ontario court at Toronto on January 15, 2021. A copy of the proposed distribution protocol can be found here.
- November 28, 2019: The Ontario Superior Court of Justice approved the notice of settlement involving the Maxell defendants. Please click here for the Order of Justice Perell.
- November 12, 2019: The Plaintiffs have reached a settlement agreement with the Maxell defendants. Please click here for the notice relating to settlement approval hearings scheduled in the Ontario court at Toronto on November 28, 2019.
- May 14, 2019: Litigation in the lithium class action is continuing and is being case managed by Justice Perell in Toronto. The Plaintiffs have reached settlement agreements with the LG Chem and Toshiba defendants. Please click here for the notice relating to settlement approval hearings scheduled for Toronto on June 5, 2019 and Quebec City on July 5, 2019.
- October 12, 2018: The Ontario Court of Appeal ordered that the Plaintiffs’ appeal be allowed and ordered that umbrella purchasers be included in the class definition and that a sub-class of non-umbrella purchasers be created. Please click here for the Order dated October 12, 2018.
- May 7, 2018: An appeal was argued before the Ontario Court of Appeal regarding whether “Unconnected Purchasers” or “Umbrella Purchasers” (persons who purchased lithium ion batteries from non-defendants) are part of the class. We will post an update once the Court of Appeal’s decision is released.
- March 28, 2018: The Ontario Superior Court of Justice approved notices of settlement involving Sony Corporation & its subsidiaries, Samsung SDI Co. Ltd. and its subsidiaries, and NEC Corporation and its subsidiaries. Once the notices are approved by the Quebec court, a notice describing these proposed settlements will be published on this site.
- October 5, 2015: The Honourable Justice Perell released his decision to certify the claim as a class action. More specifically, Justice Perell certified the statutory cause of action (section 36 of the Competition Act). Section 36 of the Competition Act provides a right to sue for loss suffered as a result of anti-competitive behavior, including price-fixing.While certifying the above claim, Justice Perell removed parties called “Unconnected Purchasers” or “Umbrella Purchasers” from class membership. These are purchasers who purchased indirectly from non-Defendants which manufactured lithium-ion batteries. In addition, Justice Perell declined to certify certain causes of action, including: unlawful means conspiracy, unjust enrichment, the predominant purpose conspiracy, and interference with economic relations. Currently, counsel for the affected class are considering next steps in the proceeding. Further updates will be posted here. The list of Defendants is set out below:
- LG Chem, Ltd.;
- LG Chem America, Inc.;
- Panasonic Corporation;
- Panasonic Corporation of North America;
- Panasonic Canada, Inc.;
- Sanyo Electric Co., Ltd.;
- Sayo North America Corporation;
- Sanyo Energy (U.S.A.) Corporation;
- Sony Corporation;
- Sony Energy Devices Corporation;
- Sony Electronics, Inc.;
- Sony of Canada Ltd.;
- Samsung SDI Co., Ltd.;
- Samsung SDI America, Inc.;
- Samsung Electronics Canada Inc.;
- Hitachi Ltd.;
- Maxell Corporation of America;
- Toshiba Corporation; and
- Toshiba America Electronic Components, Inc.
- March 24, 2014: The Honourable Justice Barbara Conway releases her decision granting carriage of the file to Sotos LLP and Siskinds LLP. The full decision can be accessed under the documents tab on the right hand side of this page.
- March 18, 2014: Sotos LLP and Siskinds LLP will bring a motion before the Honourable Justice Barbara Conway to determine which of two groups of law firms that have issued statements of claim in relation to lithium-ion battery pricing will be given carriage of the matter.
- Long Form Notice (English)
- Long Form Notice (French)
- Distribution Protocol (December 7, 2020)
- Notice of Settlement Approval Hearing (Panasonic) (December 5, 2020)
- Notice of Settlement Approval Hearing (Maxell Holdings, Ltd.)
- Notice of Settlement Approval Hearing (LG Chem and Toshiba)
- Certification Decision
- Reasons for Decision on Carriage Motion
- Statement of Claim (Oct 18, 2013)