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Optical Disk Drive Antitrust Settlement

on Tuesday, 8 November 2016 in The Closer - M&A, Securities and Corporate Counsel: Kevin P. Tracy, Editor

If you purchased a desktop or laptop computer with a DVD or CD drive during the period of April 2003 to December 2008 then you may be eligible for an award under the Optical Disk Drive Antitrust settlement.

This settlement is the second of two which have been entered into regarding a class action lawsuit accusing a group of electronics companies of engaging in a conspiracy to fix the prices of optical disk drives (“ODDs”). The first settlement was for direct purchasers of ODDs. This is for indirect purchasers of ODDs.

An ODD is a device that allows data to be read from or written to an optical disk. The most common ODDs are DVDs and CDs that are part of a standard desktop or laptop computer.

Members of the settlement class are those who purchased an ODD manufactured by: Sony, Hitachi-LG Data Storage, Panasonic Corp. or NEC Corp. Such purchases must have been made from April 2003 to December 2008 and include:

  • A computer with an internal optical disk drive (however, note that purchases of Panasonic-brand computers are not covered by this class action settlement).
  • A stand-alone optical disk drive designed for internal use in computers; or
  • An optical disk drive designed to be attached externally to a computer.

The estimate potential award is $10/drive. The claim form deadline is July 1, 2017.

It appears that a claim form can be submitted online at: https://www.opticaldiskdriveantitrust.com/#two. All that is required is for the claimant to provide the number of ODDs purchased during the period April 1, 2003 through December 31, 2008. However, the claim is made under penalty of perjury and the form does warn:

The Settlement Administrator has the right to request verification or more information regarding the claimed purchase(s) of Optical Disk Drive products for purposes of preventing fraud. If the Class Member does not timely comply or is unable to produce documents or information to substantiate the Claim Form and the Claim is otherwise not approved, the Settlement Administrator may disqualify the Claim.

If you have fairly good records of eligible purchases made during this period it would not be difficult to make a claim. Also, If you would like we can assist you in filing the claim.

Contact a Baird Holm attorney if you would like to discuss.

James E. O’Connor

1700 Farnam Street | Suite 1500 | Omaha, NE 68102 | 402.344.0500