Lawyers net $528 million in price-fixing settlements
By Marisa Kendall, From The Recorder
SAN FRANCISCO — A handful of global electronics manufacturers have agreed to pay $528 million to settle claims that they fixed the prices of cathode ray tubes used in computer and TV monitors, bringing the total recovery for consumers to $563 million.A group of settlements proposed Friday would resolve antitrust claims against Panasonic Corp., Hitachi Ltd., Toshiba Corp., Samsung SDI and Philips on behalf of customers who purchased products containing the components. The court previously approved a $10 million settlement with Chunghwa Picture Tubes Ltd. in 2012, and a $25 million settlement with LG Electronics last year.
Lawyers with Trump, Alioto, Trump & Prescott, representing the indirect purchaser plaintiffs, plan to distribute the money to consumers on a sliding scale based on the type and quantity of products purchased. If the deal is approved, Samsung SDI pays $225 million, Philips pays $175 million, Panasonic pays $70 million, Toshiba pays $30 million and Hitachi pays $28 million.
“The proposed settlements occurred after more than seven years of litigation and after the case was fully developed for trial,” the lawyers wrote in a motion seeking preliminary approval from U.S. District Judge Samuel Conti of the Northern District of California. “The settlements were reached after months of hard-fought and, at times, contentious negotiations, including multi-day mediations before two retired judges of this court.”
The parties used the mediation services of retired Northern District judges Vaughn Walker and Fern Smith. Plaintiffs lawyers trumpeted the deal as one of the largest indirect purchaser price-fixing settlements ever, second only to LCD flat panel litigation, which settled for almost $1.1 billion in 2012 and 2013.
The proposed settlements include a clause that requires the defendants to cooperate with plaintiffs in the prosecution of any continuing litigation, including by authenticating documents and producing witnesses.
Plaintiffs lawyers listed a number of hurdles they faced heading into trial, which originally was scheduled to begin March 9. The defendants had argued plaintiffs would be unable to show the alleged price fixing of cathode ray tubes led to increased prices at the consumer level. And plaintiffs had to contend with the evolving landscape of the Foreign Trade Antitrust Improvements Act, which dictates under what circumstances foreign participants in global conspiracies can be held accountable in the U.S.
“A successful jury verdict remained a risky proposition,” the plaintiffs lawyers wrote.
The deal stems from a string of lawsuits filed in 2007 and 2008, and consolidated in the Northern District of California. Lawyers for the class of consumers allege defendants conspired to fix the prices of cathode ray tubes worldwide between 1995 and 2007.
Hitachi is represented by Kirkland & Ellis, Panasonic is represented by Winston & Strawn and Weil, Gotshal & Manges, Philips is represented by Baker Botts, Samsung is represented by Sheppard, Mullin, Richter & Hampton, and Toshiba is represented by White & Case. Jeffrey Kessler of Winston and Eliot Adelson of Kirkland declined to comment on the deal, and the other firms did not respond to emails seeking comment.
The direct purchaser plaintiffs are represented by Guido and R. Alexander Saveri of Saveri & Saveri. They have reached settlements totalling tens of millions with several defendants, including Hitachi, Samsung and LG.
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