Liquid Crystal Display (“LCD”)

Active Action

The LCD class action alleges that the Defendants unlawfully conspired to raise, maintain, fix and stabilize the price of liquid crystal display (“LCD”) panels 10 inches or larger, measured diagonally (“LCD Panels”) and televisions, computer monitors and laptops containing LCD Panels (collectively “LCD Products”).

The plaintiff alleges that from at least January 1998 to December 2006, the defendants and their senior executives participated in illegal and secretive meetings and made agreements relating to price targets, specific price increases, market share divisions and production capacity for LCD Panels and/or LCD Products.

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Developments

New Settlements

Settlements, totaling approximately CDN$37.4 million have been reach with the following defendants:

  • Toshiba Corporation, Toshiba Corporation, Toshiba Mobile Display Co., Ltd. (formerly known as Toshiba Matsushita Display Technology Co., Ltd. and subsequently known as Japan Display Central Inc. and now part of Japan Display Inc.), Toshiba America Inc. (incorrectly named as Toshiba America Corporation), and Toshiba of Canada Limited (collectively “Toshiba”) (USD$2,150,000; CDN$2,765,330)
  • AU Optronics Corporation and AU Optronics Corporation America (collectively “AU Optronics”) (USD$8,680,000; approximately CDN$11,409,286.60)
  • LG Display Co., Ltd., LG Philips LCD Co., Ltd., LG Display America, Inc. and LGPhilips LCD America Inc. (collectively “LG”) (CDN$21,200,000)
  • HannStar Display Corporation (“HannStar”) (CDN$2,050,000)

These settlements have been approved by the courts in Ontario, British Columbia and Quebec.

For more information about the settlements and the process for applying to receive settlement funds, please click here.

In order to receive benefits, a completed claim form must be submitted by January 19, 2018. Claims must be filed using the online claims process at www.lcdclassactioncanada.com. If you do not have internet access, please contact the claims administrator at 1-888-663-7195.

Claimants who filed claims in the first distribution will be asked to confirm the information provided in the context of the first distribution. This information will be pre-populated on the online claim portal. New claimants must file a properly completed claim, together with the required supporting documents.

Previous Settlements

Five settlements, totaling $37.6 million, have previously been reached in the litigation. Settlements have been made with the following defendants:

•Chunghwa Picture Tubes, Ltd. ($2,023,000)

•Imaging Devices Corporation (formerly known as Sanyo Epson Imaging Devices Corporation) ($1,200,000)

•Samsung Electronics Co. Ltd. and Samsung Electronics Canada Inc. ($21,250,000)

•Innolux Corporation (successor to Chi Mei Optoelectronics Corporation) ($10,000,000)

•Japan Display Inc. (successor to Hitachi Displays, Ltd.) on its behalf and on behalf of Hitachi Ltd., Hitachi Canada, Ltd., Hitachi America Ltd., Hitachi Electronics Devices (USA) Inc. ($3,150,000)

The deadline for applying for money from these settlements has passed. The settlement funds have been distributed to approved claimants.

Contested Litigation:

Litigation is continuing against Sharp Corporation, Sharp Electronics Corporation and Sharp Electronics of Canada Ltd.

In May 2011, the court certified the action as a class proceeding. This means that the court found that the action is properly prosecuted as a class action.  The case was certified on behalf of all persons in Canada (excluding defendants and their respective parents, employees, subsidiaries, affiliates, officers and directors) who purchased LCD Panels and/or LCD Products directly from a defendant or any entity affiliated with a defendant, a named original equipment manufacturer or a named distributor in Canada between January 1998 and December 2006. To view a copy of the certification decision, please click here.

The defendants were granted leave to appeal the certification decision. The appeal was heard on November 18, 2015 and was dismissed by the Divisional Court on December 24, 2015. To view a copy of the Divisional Court decision, please click here.

The Plaintiff brought a motion to amend the class definition to include all purchasers of LCD Panels and/or LCD Products. By reasons dated July 29, 2016, Justice Grace denied the Plaintiff’s motion to include all purchasers of LCD Panels and/or LCD Products but granted the Plaintiff’s alternative relief to expand the list of named OEMs and distributors from whom class members could have purchased LCD Panels and/or LCD Products. To view of copy of Justice Grace’s decision, please click here. The plaintiff was denied leave to appeal this decision. To view a copy of this decision, please click here.

The parties are now in the discovery stage. As part of the discovery process, the parties are required to produce relevant documents and have an opportunity to ask questions of each other's representatives.

A separate action was commenced against defendants based in Taiwan. That action has been resolved against all defendants.