Consumers who Purchased Air Conditioning Systems Directly from Valeo, Mitsubishi Heavy Industries, Denso, Sanden, Calsonic Kansei, or Panasonic between January 1, 2001 and February 14, 2017, may have their Legal Rights Affected by a Proposed Settlement with the Valeo Defendants

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The United States District Court for the Eastern District of Michigan, Southern Division

Jul 09, 2018, 07:59 ET

DETROIT, July 9, 2018 /PRNewswire/ -- A proposed $9,500,000 settlement has been reached in In re Automotive Parts Antitrust Litigation, Master File No.12-md-02311, 2:13-cv-02701 (E.D. Mich.), with Defendants Valeo Japan Co., Ltd., Valeo Inc., Valeo Electrical Systems, Inc., and Valeo Climate Control Corp. (collectively, "VALEO").

What is the lawsuit about? This litigation is part of coordinated legal proceedings involving a number of parts used in motor vehicles. This litigation, and the proposed settlement, relate solely to Air Conditioning Systems purchased directly from a Defendant. These proceedings do not relate to, and have no effect upon, cases involving any other product or non-direct purchaser.

"Air Conditioning Systems," for purposes of the proposed settlement, means systems that cool the interior environment of a vehicle and are part of the thermal segment of the automotive market. Air Conditioning Systems, whether sold together or separately, are defined to include one or more of the following: automotive compressors, condensers, control panels, HVAC units (typically consisting of a blower motor, actuators, flaps, evaporator, heater core, and filter embedded in a plastic housing), sensors and associated hoses and pipes.

Plaintiffs allege that VALEO conspired with the other Defendants identified below to suppress and eliminate competition for Air Conditioning Systems by agreeing to allocate the supply of, and to raise, fix, maintain, or stabilize prices for, Air Conditioning Systems sold in the United States, in violation of federal antitrust laws. Plaintiffs further allege that as a result of the conspiracy, they and other direct purchasers of Air Conditioning Systems were injured by paying more for those products than they would have paid in the absence of the alleged illegal conduct, and they seek recovery of treble damages, together with reimbursement of costs and an award of attorneys' fees.

VALEO denies the Plaintiffs' allegations but has agreed to settle this matter in order to avoid the expense and burden of further litigation. The Court has not issued any findings or rulings with respect to the merits of Plaintiffs' claims or Defendants' defenses. This is a settlement with VALEO only. The litigation will continue against the remaining Defendants.

Who is included? The Direct Purchaser VALEO Settlement Class is comprised of: All individuals and entities (excluding Defendants and their present and former parents, subsidiaries, and affiliates) who or that purchased Air Conditioning Systems in the United States directly from one or more Defendants (or their controlled subsidiaries, affiliates, or joint ventures) from January 1, 2001 through February 14, 2017.

For purposes of this class definition the following entities are Defendants: Valeo Japan Co., Ltd., Valeo, Inc., Valeo Electrical Systems, Inc., and Valeo Climate Control Corp.; Mitsubishi Heavy Industries, Ltd., Mitsubishi Heavy Industries America, Inc., and Mitsubishi Heavy Industries Climate Control, Inc.; Denso Corporation and Denso International America, Inc.; Sanden Corp., Sanden International (U.S.A.), Inc., Sanden Automotive Climate Systems Corp., and Sanden Automotive Components Corp.; Calsonic Kansei Corp. and Calsonic Kansei North America, Inc.; and Panasonic Corp.

A Notice of Proposed Settlement ("Notice") was mailed to potential Settlement Class members on or about June 28, 2018. The Notice describes the litigation and options available to Settlement Class members with respect to the VALEO settlement in more detail. Anyone who has not received the Notice may obtain a copy on the internet at www.autopartsantitrustlitigation.com, or by calling or writing to the following Settlement Class Co-Lead Counsel:

Gregory P. Hansel	Joseph C. Kohn
PRETI, FLAHERTY, BELIVEAU	KOHN, SWIFT & GRAF, P.C.
& PACHIOS LLP	1600 Market Street, Suite 2500
One City Center, P.O. Box 9546	Philadelphia, PA 19103
Portland, ME 04112	Telephone: (215) 238-1700
Telephone: (207) 791-3000

Steven A. Kanner	Eugene A. Spector
FREED KANNER LONDON	SPECTOR ROSEMAN & KODROFF, P.C.
& MILLEN LLC	1818 Market Street, Suite 2500
2201 Waukegan Road, Suite 130	Philadelphia, PA 19103
Bannockburn, IL 60015	Telephone: (215) 496-0300
Telephone: (224) 632-4500

What does the settlement provide? VALEO has agreed to pay $9,500,000 to settle the claims against it (the "VALEO Settlement Fund") and has agreed to provide cooperation to assist Plaintiffs in the prosecution of their claims against the remaining Defendants.

Rights of Class members may be affected. Anyone who is a member of the VALEO Settlement Class will automatically remain a member unless they elect to be excluded. Class members who wish to remain in the VALEO Settlement Class do not need to take any action at this time; their interests will be represented by Plaintiffs and by Settlement Class Counsel.

Class members who do not want to be bound by the VALEO settlement must submit a written request for exclusion, postmarked no later than August 22, 2018, in accordance with the procedures set forth in the Notice. If Class members validly exclude themselves from the VALEO Settlement Class, they will not be bound by any decision concerning the VALEO settlement and may pursue individually any claims they may have against VALEO at their own expense, but will not be eligible to share in the VALEO Settlement Fund.

Class members who stay in the VALEO Settlement Class have the right to object to the proposed VALEO settlement and to Settlement Class Counsel's requests for attorneys' fees and litigation costs and expenses, by following the procedures set forth in the Notice. Objections must be filed no later than August 22, 2018, and mailed to Settlement Class Counsel and counsel for VALEO, postmarked no later than August 22, 2018.

The Court has scheduled a hearing on September 26, 2018, to consider whether to approve the proposed settlement and the requests for attorneys' fees and litigation costs and expenses. The hearing may be rescheduled, adjourned or continued without further notice to Class members.

Class members who believe they are a member of the VALEO Settlement Class are urged to obtain a copy of the Notice, which discusses their rights regarding the settlement in more detail.

For any questions about this litigation, Class members may contact Settlement Class Counsel identified above. Please do not contact the Clerk of the Court or the Judge.

URL: www.autopartsantitrustlitigation.com

SOURCE The United States District Court for the Eastern District of Michigan, Southern Division