As certain causes of action alleged by the plaintiffs were not certified, the representative plaintiffs are seeking leave to appeal to Ontario’s Divisional Court. The court’s decision on leave is outstanding. An update will be posted once the court’s decision is released.
A certification motion to determine whether the claim can proceed as a class action was heard during the week of August 31, 2015. On October 5th, 2015, the decision was released certifying the action as a class proceeding. Click here to read the full decision.
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.
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.