519 672 2121
519 672 2121
Close mobile menu

This action is one of approximately 40 class actions that have been commenced regarding alleged price-fixing of automobile parts. The unlawful conspiracies relate to the prices of parts installed by automakers in new vehicles. The class actions affect any person in Canada who purchased or leased a new vehicle containing the relevant parts or who purchased the relevant parts for installation in a new vehicle (ie. automakers).

The Occupant Safety Systems (OSS) class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain the price of seatbelts, airbags and steering wheels sold in North America and elsewhere.

Developments

Settlements

Settlements have been reached with the following defendants:

  • TRW Automotive Holdings Corp., TRW Automotive Inc. and TRW Deutschland Holding GmbH (“TRW”), in the amount of CAD$850,000;
  • Autoliv, Inc., Autoliv ASP, Inc., Autoliv B.V. & Co. K.G., Autoliv Electronics Canada Inc., Autoliv Japan Ltd., Autoliv Safety Technology, Inc., Autoliv Canada, Inc. and VOA Canada Inc. (“Autoliv”), in the amount of USD$3,200,000; and
  • Mitsubishi Electric Corporation, Mitsubishi Electric Automotive America, Inc. and Mitsubishi Sales Canada, Inc. (“MELCO”), in the amount of CAD$150,000.

A settlement has also been achieved with the defendant TK Holdings Inc. (“TK Holdings”), which obtained a stay of the class action due to bankruptcy proceedings in the U.S. and Canada. TK Holdings agreed to value the occupant safety systems claim at USD$7,000,000 in exchange for a release of claims relating to the alleged price-fixing of occupant safety systems. The amount to be paid by TK Holdings will depend on the recovery rate for unsecured claims in the bankruptcy proceedings, to be determined at a later date by the bankruptcy courts. The TK Holdings settlement was approved by the Ontario Court that is overseeing TK Holding's Canadian bankruptcy proceedings.

The TRW, Autoliv and MELCO settlements have been approved by the Ontario, British Columbia, and Quebec Courts.

The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members. At a later date, the Courts will be asked to approve a method of distributing the settlement funds to settlement class members.

Contested Litigation

Litigation is continuing against the remaining defendants and is being case managed together with the other auto parts class actions by Justice Belobaba in Toronto. The class actions are in the early stages.

By order dated June 14, 2013, the action was discontinued on a without costs and without prejudice basis as against the Defendants, Autoliv Inc., Autoliv Canada, Inc., Autoliv Electronics Canada, Inc, and VOA Canada Inc.

FAQs

What is a Class Action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the occupant safety systems class action?

The action was certified for settlement purposes as against the TRW, Autoliv, MELCO and TK Holdings defendants on behalf of persons in Canada who between January 1, 2003 and December 8, 2014:

  • purchased or leased a new or used Automotive Vehicle in Canada;
  • purchased a new or used Automotive Vehicle for import into Canada; or
  • purchased a seatbelt, steering wheel and/or airbag in Canada.

At a later date, the courts will be asked to approve a protocol for the distribution of the settlement funds. At that stage, the courts will be asked to determine which settlement class members are entitled to share in the distribution.

Further, if the case proceeds to a contested certification motion, it is possible that the courts will certify a class that is narrower than what was certified for purposes of settlement.

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action). The deadline for opting-out has passed.

What should I do to protect my rights?

  1. Keep records of any purchases or leases of new vehicles from 1995 onwards. This period covers the entire duration of all auto parts price-fixing cases. You might be affected by multiple auto parts price-fixing cases.
  2. Keep records of any purchases of seatbelts, steering wheels and/or airbags for installation in new vehicles from January 1, 2003 to December 8, 2014.
  3. Register to receive updates on this case by filling out the form below.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below.

Documents

Settlements

Contested Litigation

Settlements

Settlements have been reached with the following defendants:

  • TRW Automotive Holdings Corp., TRW Automotive Inc. and TRW Deutschland Holding GmbH (“TRW”), in the amount of CAD$850,000;
  • Autoliv, Inc., Autoliv ASP, Inc., Autoliv B.V. & Co. K.G., Autoliv Electronics Canada Inc., Autoliv Japan Ltd., Autoliv Safety Technology, Inc., Autoliv Canada, Inc. and VOA Canada Inc. (“Autoliv”), in the amount of USD$3,200,000; and
  • Mitsubishi Electric Corporation, Mitsubishi Electric Automotive America, Inc. and Mitsubishi Sales Canada, Inc. (“MELCO”), in the amount of CAD$150,000.

A settlement has also been achieved with the defendant TK Holdings Inc. (“TK Holdings”), which obtained a stay of the class action due to bankruptcy proceedings in the U.S. and Canada. TK Holdings agreed to value the occupant safety systems claim at USD$7,000,000 in exchange for a release of claims relating to the alleged price-fixing of occupant safety systems. The amount to be paid by TK Holdings will depend on the recovery rate for unsecured claims in the bankruptcy proceedings, to be determined at a later date by the bankruptcy courts. The TK Holdings settlement was approved by the Ontario Court that is overseeing TK Holding's Canadian bankruptcy proceedings.

The TRW, Autoliv and MELCO settlements have been approved by the Ontario, British Columbia, and Quebec Courts.

The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members. At a later date, the Courts will be asked to approve a method of distributing the settlement funds to settlement class members.

Contested Litigation

Litigation is continuing against the remaining defendants and is being case managed together with the other auto parts class actions by Justice Belobaba in Toronto. The class actions are in the early stages.

By order dated June 14, 2013, the action was discontinued on a without costs and without prejudice basis as against the Defendants, Autoliv Inc., Autoliv Canada, Inc., Autoliv Electronics Canada, Inc, and VOA Canada Inc.

What is a Class Action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the occupant safety systems class action?

The action was certified for settlement purposes as against the TRW, Autoliv, MELCO and TK Holdings defendants on behalf of persons in Canada who between January 1, 2003 and December 8, 2014:

  • purchased or leased a new or used Automotive Vehicle in Canada;
  • purchased a new or used Automotive Vehicle for import into Canada; or
  • purchased a seatbelt, steering wheel and/or airbag in Canada.

At a later date, the courts will be asked to approve a protocol for the distribution of the settlement funds. At that stage, the courts will be asked to determine which settlement class members are entitled to share in the distribution.

Further, if the case proceeds to a contested certification motion, it is possible that the courts will certify a class that is narrower than what was certified for purposes of settlement.

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action). The deadline for opting-out has passed.

What should I do to protect my rights?

  1. Keep records of any purchases or leases of new vehicles from 1995 onwards. This period covers the entire duration of all auto parts price-fixing cases. You might be affected by multiple auto parts price-fixing cases.
  2. Keep records of any purchases of seatbelts, steering wheels and/or airbags for installation in new vehicles from January 1, 2003 to December 8, 2014.
  3. Register to receive updates on this case by filling out the form below.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below.

Settlements

Contested Litigation

Contact Us

There Was An Error