BC Compressors

Summary of the Proceedings

This class action alleges that from at least January 1, 2004 to December 31, 2008, the defendants unlawfully conspired to fix, increase, and/or maintain prices at which Cooling Compressors and Cooling Compressor Products were sold in Canada. “Cooling Compressors” are defined as hermetically sealed cooling compressors of less than one horsepower and “Cooling Compressor Products” are defined as products containing Cooling Compressors. Cooling Compressors and Cooling Compressor Products do not include compressors used in air conditioners.

CFM Lawyers is working in concert on a national basis with Harrison Pensa LLP and Siskinds LLP in Ontario and with Bouchard Pagé Tremblay Avocats in Quebec in the prosecution of this matter.

Status of the Proceedings

Certification

The Ontario, British Columbia and Quebec class actions have been certified/authorized against certain defendants for settlement purposes only.  A contested certification hearing against the remaining defendants was scheduled for June, 2015 but did not proceed in light of the settlements achieved and detailed below.

 The ACC Settlement Agreement

On August 4, 2011, a Settlement Agreement was reached with the defendants, Appliances Components Companies S.p.A. and ACC USA LLC (collectively “ACC”). The settlement agreement was approved by the Ontario, Quebec and British Columbia Courts

The Danfoss Flensburg, Embraco, Panasonic and Tecumseh Settlement Agreements

Settlements have been reached with Danfoss Flensburg GmbH (“Danfoss Flensburg”), Embraco North America, Inc. (“Embraco”), Panasonic Corporation and Panasonic Canada Inc. (collectively “Panasonic”), and Tecumseh Products of Canada Limited, Tecumseh Products Co., and Tecumseh Compressor Company (collectively “Tecumseh”) in the aggregate of CDN $4,770,000. The settlements resolve the claim in its entirety.

A joint motion to approve the settlements and certify/authorize the Class Actions as against Danfoss Flensburg, Embraco, Panasonic and Tecumseh for settlement purposes will be heard before the Ontario, British Columbia and Quebec courts on January 22, 2016 at 10:30 a.m. PST / 1:30 p.m. EST.  At the joint hearing, the courts will determine whether the settlements are fair, reasonable, and in the best interests of the Settlement Class.

Distribution of the Settlement Funds

At the joint hearing, the Courts will be asked to approve a plan for distributing the settlement funds, plus interest, less court approved Class Counsel fees and other expenses.

All purchasers of affected compressor units and compressor products are eligible to make a claim under the settlement distribution plan.

The plan is designed to make the claims process relatively simple in the context of purchases of affected compressors and compressor products. Claims are categorized and assigned basic valuations under the protocol depending on whether the purchases were made directly from a defendant or indirectly from an entity other than a defendant.

No claim will be assigned a value of less than $20 subject only to pro-ration due to high claims rates.

For more information please see the proposed distribution protocol below

If you wish to make an objection to the settlements reached or the proposed plan of distributing settlement funds, please provide a written submission to Class Counsel no later than January 15, 2016.

Applying for Settlement Funds

Information about how to apply for settlement funds under the distribution protocol will be available in a future notice and will be posted online to our website after the joint hearing.

Court Documents

• Second Further Amended Notice of Civil Claim
• ACC Settlement Agreement
• Danfoss Flensburg Settlement Agreement
• Embraco Settlement Agreement
• Panasonic Settlement Agreement
• Tecumseh Settlement Agreement
• Order – ACC Settlement Agreement
• Order – Notice Approval
• Short Form Notice
• Long Form Notice
• Proposed Distribution Protocol

Class Members

If you have questions related to the settlement of this action, please contact us by email at [email protected]

For more information please contact Aisling Slevin, Paralegal.

BC Compressors - Status Updates:

Compressors Update - View

Notice of Partial Certification Approval in BC Compressors Class Action - View