Class action
A class action is brought against NHK Spring Co., Ltd., NHK International Corporation, NAT Peripheral (Honk Kong) Co., TDK Corporation, TDK U.S.A. Corporation, TDK Corporation of America, SAE Magnetics (HK) Ltd., Magnecomp Precision Technology Public Co. Ltd. and Hutchinson Technology Inc., in which it is alleged that they conspired to unduly increase the price of hard drive head suspension assemblies (“Hanger Kits”) in Canada. A Suspension Kit is one of the components of a hard drive, which are incorporated into a wide variety of electronic products, including computers, game consoles, personal digital recorders (or hard drive set-top boxes) and camcorders.
The class action seeks a judgment ordering the repayment of revenues generated by the artificially inflated portion of the prices of Suspension Packages and/or products equipped with one or more Suspension Packages.
Who is a member of this class action?
You are a member of the class action if you purchased, in Québec, one or more Suspension Kits or products equipped with Suspension Kits between May 1, 2008 and April 30, 2016.
What is the status of this class action?
On July 31, 2019, an Application for Authorization to Institute a Class Action was filed before the Superior Court of Québec.
The class action is currently at the authorization stage, and on March 10, 2021, the proceedings were temporarily stayed by the Superior Court of Québec for a period of 10 months after the filing of certain proceedings in the Supreme Court of British Columbia in the matter of Tony Cheung v. NHK Spring Co., LTD & al. (No. S-1910612). The stay of proceedings was thereafter continued until the earliest of 30 days after the decision of the Supreme Court of British Columbia in the matter of Cheung or November 11, 2022, or following any other order rendered by the Superior Court of Québec.
How can I stay informed of the upcoming steps in the case?
If you are a member of the class action, we invite you to register to our mailing list. This way, we can communicate with you as soon as important developments occur in the file.
For more information, you can also contact Belleau Lapointe directly.
Pleadings and judgments
Chronology
July 31, 2019
Filing of the Application for Authorization to Institute a Class Action.