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DRAM (Dynamic Random Access Memory)

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BASIS FOR THE CLASS ACTION

This class action alleges that the defendants engaged in unlawful price fixing of Dynamic Random Access Memory (DRAM) during the time period April 1, 1999 to June 30, 2002 (the “Class Period”). DRAM is a commonly used semiconductor memory product found in computers, servers, telecommunications and a host of other consumer electronic products. The manufacturers of these chips pleaded guilty in the United States for fixing the prices of DRAM rather than engaging in proper competitive practices. Class actions have also been initiated in Ontario and Quebec.

View DRAM Second Further Amended Consolidated Notice of Civil Claim.

Pour de plus amples information en Français, vous pouvez consulter le site Internet: http://www.recourscollectif.info/fr/dossiers/dram/

STATUS OF THE CLASS ACTION

  • There are hearings in September 2014 that affect your legal rights. To review important dates and deadlines click HERE.
  • There are now settlements with all the defendants and there is a plan to pay settlement funds to class members. You will find more information below
  • The settlements total over $80M including interest.

PAYMENT OF SETTLEMENT FUNDS TO CLASS MEMBERS

The Plaintiffs and Class Counsel have now developed a draft settlement distribution plan to pay settlement funds to class members. A copy of the draft distribution plan is available below:

Class Counsel retained the Honourable Ian Binnie, a retired justice of the Supreme Court of Canada, and Dr. Thomas Ross, a senior economist with the Sauder School of Business, to provide independent advice and findings about the distribution of the settlement funds among class members. Dr. Ross has written reports regarding the distribution of settlement funds in this matter, copies of which are:

Justice Binnie held a hearing on May 21, 2014 where he reviewed the proposed distribution protocol. He has since written a report recommending that the courts in BC, Ontario and Quebec approve the proposed distribution protocol. A copy of his report is available here:

The courts will be asked to approve the distribution protocol at the hearings in September discussed below.

More information is available in the Short Notice and the DRAM Long Notice, or you may contact Linnae Roach, Paralegal, at 604-331-9523, or lroach@cfmlawyers.ca.

Settlement Class members may be required to file a claim for payment at a later time. Settlement Class members who have proof of purchase of DRAM Products purchased during the Class Period (April 1, 1999 to June 30, 2002) should retain those proofs of purchase. Class Counsel recognize that not all class members will have proof of purchase.

Monitor this website for updates on the class actions and future claims process.

NEW SETTLEMENTS

The plaintiff has reached settlements with

  • Infineon for $9 million;
  • Mitsubishi for $1.25 million;
  • Toshiba for $1.495 million; and
  • Winbond for $450,000.

With the previous settlements, the total settlements in this matter now total approximately $80 million.

These settlements require approval from the Courts to become effective. The Courts will be asked to approve the distribution protocol at the hearings in September discussed below.

More information is available in the Short Notice and the Long Notice, or you may contact Linnae Roach, Paralegal, at 604-331-9523, or lroach@cfmlawyers.ca.

PREVIOUS SETTLEMENTS

To view a full list of previous settlements click HERE.

UPCOMING HEARINGS

At hearings in September, Class Counsel will be seeking the approval of the Courts of:

  • the settlements with Infineon, Mitsubishi, Toshiba and Winbond;
  • the distribution protocol;
  • the appointment of a claims administrator to administer the distribution protocol; and
  • Class Counsel’s fees and disbursements.

These hearings will be held:

  • in Quebec: on Friday, September 5 at 9:30 a.m. in Montreal (courtroom 2.08);
  • in BC: on Monday, September 8 at 10:00 a.m. in Vancouver (courtroom number not available until the date of hearing); and
  • in Ontario: on Friday, September 19 at 10:00 a.m. in Toronto (courtroom number not available until the date of hearing).

These hearings affect the rights of class members. Class members wishing to object to these settlements must do so no later than Monday, August 25, 2014. For more information please refer to the following documents:

  • Short Notice re Settlements, Distribution, Claims Administration and Class Counsel Fees & Disbursements
  • Long Notice re Settlements, Distribution, Claims Administration and Class Counsel Fees & Disbursements
  • DRAM Avis Court (en français)
  • DRAM Avis Long (en français)

CLASS COUNSEL FEES

Class Counsel legal fees and disbursements must be approved by the Courts. Class Counsel will collectively be requesting legal fees of up to 30% of the settlement funds, plus disbursements and applicable taxes to be paid out of the settlement funds.

Class Counsel will request these fees at the hearings in September discussed above.

For more information please view:

Frequently Asked Questions

PROCEDURAL HISTORY AND IMPORTANT DOCUMENTS

To view procedural history details and associated documents click HERE.

For further information concerning this action, please contact Linnae Roach, Paralegal, at 604-331-9523, or email lroach@cfmlawyers.ca.




DRAM (Dynamic Random Access Memory) - Status Updates:

July 25, 2014

DRAM: Plan to pay funds to class members and $80 million in settlements – approvals sought - View

April 29, 2014

DRAM Class Action: the Hon. Ian Binnie to consider Distribution of Settlement Funds - View

April 17, 2014

DRAM Class Action: Samsung and Hynix settlements approved - View

April 17, 2014

DRAM Class Action: Defendants’ appeal of class certification denied - View

May 31, 2013

DRAM Class Action: Hearings to Approve Settlement Agreements with Samsung and Hynix to be heald June and July, 2013 - View

January 8, 2013

DRAM Class Action – Notice of January 24, 2013 Settlement Agreement Approval Hearings for Micron, Nanya, NEC, Hitachi and Renesas Settlement Agreements - View

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