Automotive Parts Antitrust Litigation Settlement

Frequently Asked Questions

  1. Why is there a notice?
  2. What are these lawsuits about?
  3. Why are these cases class actions?
  4. Why are there proposed settlements?
  5. How do I know whether my dealership is part of the settlements?
  6. I'm still not sure if my dealership is included
  7. What do the settlements provide?
  8. How may my dealership receive a payment?
  9. How much will my payment be?
  10. What is my dealership giving up to stay in the settlement classes?
  11. How do I get my dealership out of one or more of the settlements?
  12. Can my dealership remain in the settlements with some defendants and exclude itself from others?
  13. If I exclude my dealership, can it get money from the settlements?
  14. Does my dealership have a lawyer in these cases?
  15. How will the lawyers get paid?
  16. How does my dealership comment on or object to the settlements?
  17. What's the difference between objecting and excluding?
  18. When and where will the court decide whether to approve this settlement?
  19. Do I have to come to the hearing?
  20. May I speak at the hearing?
  21. What happens if my dealership does nothing?
  22. Are there more details about the settlements and the request for attorney's fees, expenses, and service awards?
  23. How do I get more information?
  24. Can I update my dealership's address?



  1. Why is there a notice?

    This Notice informs you about the partial Settlements reached in some of the cases that are included in this litigation. The Settlements may benefit Dealers who, during the relevant time periods, purchased a new vehicle containing, or purchased one or more of the following parts: Air Conditioning Systems, Alternators, Anti-Vibration Rubber Parts, Automatic Transmission Fluid Warmers and Oil Coolers, Automotive Hoses, Bearings, Ceramic Substrates, Electronic Powered Steering Assemblies, Fan Motors, Fuel Injection Systems (including Air Flow Meters and Electronic Throttle bodies sold by DENSO), Fuel Senders, Heater Control Panels, HID Ballasts, Ignition Coils, Instrument Panel Clusters, Inverters, Motor Generators, Power 8

    Window Motors, Power Window Switches, Radiators, Spark Plugs (including Oxygen Sensors and Air Fuel Ratio Sensors), Starters, Valve Timing Control Devices, Windshield Washer Systems, Windshield Wiper Systems and Wire Harness Systems manufactured by one or more of the Settling Defendants and/or their predecessors, subsidiaries and affiliates or those alleged to be their co-conspirators. For more information about these parts, you may review the settlement agreements at www.AutoDealerSettlement.com.

    The term "Dealer" or "Automobile Dealer" means an entity or person authorized to engage in the business of selling and / or leasing new vehicles at retail in the United States. You may also have been transferred or acquired claims that would otherwise be released as part of the Settlements. Most Dealers in the states set out in Question 2 below and the District of Columbia are eligible to make a claim for monetary benefits in addition to the non-monetary benefiots that are available nationwide.  

    The Court sent your dealership this Notice because, as a possible Class Member, your dealership has a right to know about the Settlements and about its options, before the Court decides whether to finally approve the Settlements. This Notice explains the lawsuits, the Settlements, and your dealership’s legal rights.

    The Court in charge is the United States District Court for the Eastern District of Michigan, and the litigation relates to separate class actions within the lead case known as In re Automotive Parts Antitrust Litigation, 12-md-02311. The Dealers who sued are called the "Plaintiffs" or the "Dealership Plaintiffs." The companies they sued in these cases are called the "Defendants." As described above, settlements have been reached with the "Settling Defendants."

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  2. What are these lawsuits about?

    The separate lawsuits claim that the Defendants in each lawsuit conspired to fix, maintain, and artificially raise the price of component parts at issue in each lawsuit. The lawsuits claim that, as a result of the relevant Defendants’ conduct, Dealers paid more than they should have for the parts at issue in that lawsuit and paid more for the new vehicles in which those parts are contained. The lawsuits also allege that Dealers were unable to pass on all of these increased costs to their customers. These cases are proceeding as class actions for monetary recovery for Dealers in the District of Columbia and one or more of the following states: Arizona, Arkansas, California, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin (the "Included States"). The lawsuits also seek nationwide injunctive relief.

    The Settling Defendants and their relevant affiliates deny these claims and have asserted various defenses. The Court has not yet decided who is right.

    As noted above, the Settling Defendants are: DENSO, Furukawa, LEONI, MELCO, NSK, Omron, Schaeffler, Sumitomo, Sumitomo Riko, and Valeo. There are other Defendants who have not settled. This is the second group of Settlements preliminarily approved by the Court in the actions brought by the Dealership Plaintiffs on behalf of themselves and other Dealers. The cases continue against the other Defendants who have not settled ("Non-Settling Defendants).

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  3. Why are these cases class actions?

    In class actions, one or more individuals or companies called "Class Representatives" sue on behalf of themselves and others with similar claims. All of these individuals or companies together are the "Class" or "Class Members." One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. United States District Judge Marianne O. Battani is in charge of these class actions.

    

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  4. Why are there proposed settlements?

    All parties in litigation face an uncertain outcome. The continuation of the cases against the Settling Defendants could result in a judgment greater than these Settlements. However, continuing the cases could result in no recovery or in a recovery that is less than the Settlements. The Settlements provide immediate benefit to the Class Members, and will avoid the delays that could occur in the event of contested trials and appeals. Based on these factors, the Dealer Class Representatives and their attorneys have concluded that the Settlements are in the best interests of the Class Members.

    The cases are proceeding against the Non-Settling Defendants. Additional money may become available as a result of a trial or future settlements. Alternatively, the cases may be resolved in favor of the Non-Settling Defendants and no additional money may become available. There is no guarantee about what will happen.

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  5. How do I know whether my dealership is part of the settlements?

    Your dealership is part of one or more of the Settlements if it is a Dealer and falls within the definition of one or more of the Settlement Classes approved by Judge Marianne O. Battani. The Settlement Class definitions are set forth below. For the purposes of only this Paragraph 5, the term "Defendants" as used below shall be as defined in the applicable settlement agreements:

    (A) The DENSO Automotive Wire Harness Systems Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Automotive Wire Harness Systems as a component part, or indirectly purchased one or more Automotive Wire Harness Systems as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (B) The DENSO Instrument Panel Clusters Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Instrument Panel Clusters as a component part, or indirectly purchased one or more Instrument Panel Clusters as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (C) The DENSO Fuel Senders Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Fuel Senders as a component part, or indirectly purchased one or more Fuel Senders as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (D) The DENSO Heater Control Panels Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Heater Control Panels as a component part, or indirectly purchased one or more Heater Control Panels as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (E) The DENSO Alternators Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Alternators as a component part, or indirectly purchased one or more Alternators as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (F) The DENSO Windshield Wiper Systems Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Windshield Wiper Systems as a component part, or indirectly purchased one or more Windshield Wiper Systems as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (G) The DENSO Radiators Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Radiators as a component part, or indirectly purchased one or more Radiators as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (H) The DENSO Starters Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Starters as a component part, or indirectly purchased one or more Starters as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (I) The DENSO Ignition Coils Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Ignition Coils as a component part, or indirectly purchased one or more Ignition Coils as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (J) The DENSO Motor Generators Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Motor Generators as a component part, or indirectly purchased one or more Motor Generators as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (K) The DENSO HID Ballasts Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more HID Ballasts as a component part, or indirectly purchased one or more HID Ballasts as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (L) The DENSO Inverters Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Inverters as a component part, or indirectly purchased one or more Inverters as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (M) The DENSO Fan Motors Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Fan Motors as a component part, or indirectly purchased one or more Fan Motors as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (N) The DENSO Fuel Injection Systems Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Fuel Injection Systems (which include Air Flow Meters and Electronic Throttle Bodies) as a component part, or indirectly purchased one or more Fuel Injection Systems as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (O) The DENSO Power Window Motors Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Power Window Motors as a component part, or indirectly purchased one or more Power Window Motors as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (P) The DENSO Automatic Transmission Fluid Warmers and Oil Coolers Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Automatic Transmission Fluid Warmers or Oil Coolers as a component part, or indirectly purchased one or more Automatic Transmission Fluid Warmers or Oil Coolers as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (Q) The DENSO Valve Timing Control Devices Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Valve Timing Control Devices as a component part, or indirectly purchased one or more Valve Timing Control Devices as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (R) The DENSO Air Conditioning Systems Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Air Conditioning Systems as a component part, or indirectly purchased one or more Air Conditioning Systems as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (S) The DENSO Windshield Washer Systems Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Windshield Washer Systems as a component part, or indirectly purchased one or more Windshield Washer Systems as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (T) The DENSO Spark Plugs, Oxygen Sensors, and Air Fuel Ratio Sensors Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Spark Plugs, Oxygen Sensors, or Air Fuel Ratio Sensors as a component part, or indirectly purchased one or more Spark Plugs, Oxygen Sensors, or Air Fuel Ratio Sensors as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (U) The DENSO Ceramic Substrates Settlement Class is defined as: All Automobile Dealerships that, from January 1, 1998 through July 14, 2016, purchased a new Vehicle in the United States that included one or more Ceramic Substrates as a component part, or indirectly purchased one or more Ceramic Substrates as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (V) The Furukawa Automotive Wire Harness Settlement Class is defined as: All automobile dealers that, during the period January 1, 1998, through August 5, 2016: (a) purchased a new Vehicle that included one or more Automotive Wire Harness Systems as a component part, which were manufactured or sold by a Defendant, any current or former parent, subsidiary, or affiliate of a Defendant, or any co-conspirator of a Defendant, or (b) indirectly purchased one or more Automotive Wire Harness Systems, which were manufactured or sold by a Defendant, any current or former parent, subsidiary, or affiliate of a Defendant or any co-conspirator of a Defendant.

    (W) The LEONI Automotive Wire Harness Settlement Class is defined as: All automobile dealers that, from January 1, 1999, through June 28, 2016, (a) indirectly purchased Automotive Wire Harness System(s) manufactured or sold by the Defendants or any current or former subsidiary or affiliate thereof or any co-conspirator, or (b) purchased a new automobile, van, sports utility vehicle, crossover, or pick-up truck in the United States which included one or more Automotive Wire Harness System(s) manufactured or sold by the Defendants or any current or former subsidiary or affiliate thereof or any co-conspirator.

    (X) The MELCO Alternators Settlement Class is defined as: All automobile dealers that, from July 1, 1998 through July 22, 2016, purchased a new vehicle in the United States that included one or more Alternators as a component part, or indirectly purchased one or more Alternators as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (Y) The MELCO Starters Settlement Class is defined as: All automobile dealers that, from July 1, 1998 through July 22, 2016, purchased a new vehicle in the United States that included one or more Starters as a component part, or indirectly purchased one or more Starters as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (Z) The MELCO Ignition Coils Settlement Class is defined as: All automobile dealers that, from July 1, 1998 through July 22, 2016, purchased a new vehicle in the United States that included one or more Ignition Coils as a component part, or indirectly purchased one or more Ignition Coils as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (AA) The MELO Fuel Injection Systems Settlement Class is defined as: All automobile dealers that, from July 1, 1998 through July 22, 2016, purchased a new vehicle in the United States that included one or more Fuel Injection Systems as a component part, or indirectly purchased one or more Fuel Injection Systems as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (BB) The MELCO Valve Timing Control Devices Settlement Class is defined as: All automobile dealers that, from July 1, 1998 through July 22, 2016, purchased a new vehicle in the United States that included one or more Valve Timing Control Devices as a component part, or indirectly purchased one or more Valve Timing Control Devices as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (CC) The MELCO Automotive Wire Harness Systems Settlement Class is defined as: All automobile dealers that, from July 1, 1998 through July 22, 2016, purchased a new vehicle in the United States that included one or more Automotive Wire Harness Systems as a component part, or indirectly purchased one or more

    Automotive Wire Harness Systems as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (DD) The MELCO HID Ballasts Settlement Class is defined as: All automobile dealers that, from July 1, 1998 through the March 30, 2016, purchased a new vehicle in the United States that included one or more HID Ballasts as a component part, or indirectly purchased one or more HID Ballasts as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (EE) The MELCO Electronic Powered Steering Assemblies Settlement Class is defined as: All automobile dealers that, from July 1, 1998 through March 30, 2016, purchased a new vehicle in the United States that included one or more Electronic Powered Steering Assemblies as a component part, or indirectly purchased one or more Electronic Powered Steering Assemblies as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (FF) The NSK Bearing Settlement Class is defined as: All Automobile Dealerships that, during the period from and including January 1, 2000 through July 21, 2016, indirectly (a) purchased Bearings manufactured by the Defendants or any current or former subsidiary or affiliate thereof or any co-conspirator, or (b) purchased new vehicles containing Bearings manufactured by the Defendants or any current or former subsidiary, affiliate thereof or co-conspirator.

    (GG) The NSK Electronic Powered Steering Assemblies Settlement Class is defined as: All Automobile Dealerships that, from and including January 1, 2000 through July 21, 2016, indirectly (a) purchased Electronic Powered Steering Assemblies manufactured or sold by a Defendant, or any current or former subsidiary or affiliate thereof or any co-conspirator, or (b) purchased new vehicles containing Electronic Powered Steering Assemblies manufactured or sold by a Defendant or any current or former subsidiary, affiliate thereof or co-conspirator.

    (HH) The Omron Power Window Switches Class is defined as: All Automobile Dealerships that, from January 1, 2003 through August 10, 2016 purchased for resale a new Honda Vehicle in the United States that included one or more Power Window Switches as a component part or indirectly purchased one or more Power Window Switches as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (II) The Schaeffler Bearings class is defined as: All automobile dealers that, during the period January 1, 2000, through August 10, 2016: (1) purchased new Vehicles that included one or more Automotive Bearings as a component part, which were manufactured or sold by a Defendant, any current or former parent, subsidiary, or affiliate of a Defendant, or any co-conspirator of the Defendants, or (2) indirectly purchased one or more Automotive Bearings, which were manufactured or sold by a Defendant, any current or former parent, subsidiary, or affiliate of a Defendant or any co-conspirator of the Defendants.

    (JJ) The Sumitomo Automotive Wire Harness System Settlement Class is defined as: All automobile dealers that, from January 1, 1999 through September 15, 2015, purchased a new vehicle in the United States for resale, which included one or more Automotive Wire Harness System(s) as a component part, or indirectly purchased one or more Automotive Wire Harness System(s) as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirators of the Defendants.

    (KK) The Sumitomo HCP Settlement Class is defined as: All automobile dealers that, from January 1, 1999 through September 15, 2015, purchased a new vehicle in the United States for resale, which included one or more HCP(s) as a component part, or indirectly purchased one or more HCP(s) as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirators of the Defendants.

    (LL) The Sumitomo Riko Anti-Vibrational Rubber Parts Settlement Class is defined as: All Automobile Dealerships that, during the period from June 1, 1996, through August 1, 2016, purchased a new Vehicle in the United States for resale that included one or more Anti-Vibration Rubber Parts as a component part, or indirectly purchased one or more Anti-Vibration Rubber Parts as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant. 

    (MM) The Sumitomo Riko Automotive Hoses Settlement Class is defined as: All Automobile Dealerships, from June 1, 2003, through August 1, 2016, purchased a new Vehicle in the United States for resale that included one or more Automotive Hoses as a component part, or indirectly purchased one or more Automotive Hoses as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    (NN) The Valeo Air Conditioning Systems Settlement Class is defined as: All automobile dealers who, from May 1, 1999, through July 26, 2016, purchased a new Vehicle in the United States that included one or more Air Conditioning Systems as a component part, or indirectly purchased one or more Air Conditioning Systems as a replacement part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.

    A list of the Defendants and the alleged co-conspirators for each case involving the affected component parts described in the Settlement Class definitions above is available on the Settlement Website at www.AutoDealerSettlement.com. You may also call the Settlement Administrator toll free at 1-888-565-3171 for more information.

    Dealers who indirectly purchased certain component parts and/or purchased new vehicles containing these component parts, listed in the Settlement Class definitions above, in one or more of the Included States (Arizona, Arkansas, California, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin) may receive money benefits from the Settlements. Dealers in the United States who indirectly purchased certain component parts and/or purchased new vehicles containing these component parts, listed in the Settlement Class definitions above, may receive other, non-monetary benefits from the Settlements as explained in further detail on the Settlement Website at www.AutoDealerSettlement.com.

    If your dealership is a member of one or more of these Settlement Classes and purchased in an Included State, the amount of money it will receive, if any, will depend upon where the dealership purchased the affected vehicles or component parts and the Plans of Allocation discussed below.

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  6. I'm still not sure if my dealership is included

    Additional information to help you determine whether your dealership is a member of one or more of the Settlement Classes eligible to make a claim for money benefits is available on the Settlement Website at www.AutoDealerSettlement.com. You may also call the Settlement Administrator toll free at 1-888-565-3171 for more information.

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  7. What do the settlements provide?

    The settlement funds (the “Settlement Funds”) for Dealers involved in this Notice total nearly $125 million. The Settlement Funds for the respective Settlements and affected component parts are listed in Question 7 of the Notice.  

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  8. How may my dealership receive a payment?

    If your dealership remains in one or more of the Settlement Classes and one or more of those Settlements become effective, your dealership may be entitled to a portion of the Settlement Funds when a distribution is made to members of the applicable Settlement Class(es) who purchased the affected parts as components in new vehicles or affected component parts in the Included States set out above. If your dealership filed a valid Proof of Claim in the first round of settlements in this litigation, you may rely on that Proof of Claim and do nothing further to participate in the current settlements. If you choose this option, the information you provided in the prior Proof of Claim will be used to determine your dealership’s share in the net proceeds of the current proposed Settlements (if your prior Proof of Claim was timely, valid, and your dealership is entitled to a distribution under the Plans of Allocation (described below in response to Question No. 9)) and if and to the extent that the proposed Settlements are approved by the Court. Your dealership will be bound by the judgment and release to be entered by the Court as described below (the "Judgment"). Your dealership may also update the information provided through the prior Proof of Claim by submitting an updated Proof of Claim form that must be postmarked or submitted electronically, by April 28, 2017.

    If your dealership did not submit a Proof of Claim in the first round of dealership settlements in this litigation but wants to share in the current settlements, it must submit a Proof of Claim either electronically on the Settlement Website at www.AutoDealerSettlement.com by April 28, 2017, or by First Class Mail postmarked by the deadline of April 28, 2017 to:

    Auto Dealer Settlement Administrator

    PO Box 40007 College Station

    TX 77842-4007

    If your dealership has submitted a valid Proof of Claim, it may then receive a distribution from the Settlements that are approved by the Court, and in which your dealership is a member of the Settlement Class.

    The settlement agreements may be terminated for several reasons, including (1) if the Court does not approve, or materially modifies, the settlement agreements, (2) if the Court approves the settlement agreements but the approval is reversed or materially modified by an appellate court, or (3) by the parties under certain circumstances described in some of the settlement agreements. If the settlement agreements are terminated, the lawsuits will proceed as if the settlement agreements had not been entered into. There will be no payments under any settlement agreements that are terminated.

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  9. How much will my payment be?

    Your dealership’s share (if any) of the Settlement Funds will be determined based upon the Plans of Allocation, which have been devised under the supervision of a special allocation consultant and which have been, or will be, approved by the Court. The Plans of Allocation are or will be made available on the Settlement Website, at www.AutoDealerSettlement.com. The Plans of Allocation allocate the net proceeds of each of the Settlements to: (1) Dealers who purchased vehicle models that were subject to alleged collusion on bids for components parts, (2) Dealers who purchased vehicles from manufacturers of vehicles allegedly affected by collusion on bids for component parts, (3) Dealers who purchased the allegedly affected component parts manufactured by the Settling Defendants and/or their predecessors, subsidiaries and affiliates or their alleged
    co-conspirators, and (4) a reserve fund for future allocation and distribution to Settlement Class Members. Payments will take into account the number and type of vehicles and affected component parts your dealership purchased during the periods set forth in the Settlement Class definitions.
    At this time, it is unknown how much money each Settlement Class Member who purchased new affected vehicles or any of the affected component parts in the Included States listed in Question 2 above will receive. It is expected that each Settlement Class Member who purchased new affected vehicles or any of the affected component parts in the Included States and who files a valid Proof of Claim will receive a minimum payment of $350.00 under these Settlements.
    Certain portions of the Plans of Allocation may be considered at the Final Approval Hearing, along with the fairness of the Settlements, and applications for attorney’s fees, reimbursement of partial and future expenses, and service awards. The Plans of Allocation may also be considered at later hearings before the Court, and notice of such hearings will be provided on the Settlement Website.

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  10. What is my dealership giving up to stay in the settlement classes?

    Unless your dealership excludes itself from a specific Settlement, it is staying in the corresponding Settlement Class(es), and that means that your dealership can’t sue, continue to sue, or be part of any other lawsuit against that Settling Defendant (including all related entities covered by the releases in the individual settlement agreements) about the issues settled in these cases. This is called a release. It also means that all of the Court’s orders will apply to and legally bind your dealership.

    However, your dealership would not give up (a) any claim made with respect to any auto part that is not part of any Settlement or (b) any claim for negligence, certain breaches of contract, bailment, failure to deliver, lost goods, damaged or delayed goods, or a similar claim, or any other claim unrelated to the legal issues in these cases. The Settlements also do not affect the rights of the members of the Settlement Classes against any Non-Settling Defendant. Lawsuits brought on behalf of Dealers will continue against the Non-Settling Defendants.

    The settlement agreements, which are available at www.AutoDealerSettlement.com, describe the exact legal claims and rights that your dealership gives up if it stays in one or more of the Settlement Classes.

    If your dealership wants to keep the right to sue or continue to sue one or more of the Settling Defendants, on its own, about the legal issues in these cases, then your dealership must take steps to get out of the Settlement(s) with those Settling Defendant(s). This is called excluding yourself, or opting out of, the Class. If your dealership opts out of a Settlement, it will not get any payment from that Settlement.

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  11. How do I get my dealership out of one or more of the settlements?

    If your dealership is a member of one or more of the Settlement Classes listed in Question 5 above and purchased new affected vehicles or any of the affected component parts in an Included State, you may opt-out or exclude your dealership from the Settlements. To exclude your dealership from one or more of the Settlements, your dealership must send a letter saying that it wants to opt out or be excluded from the relevant Settlement Class(es). The letter must include the following information:

     A statement indicating that your dealership wants to be excluded from one or more of the Settlement Classes.

    Whether it wants to be excluded from: the DENSO Settlement Classes (i.e, the DENSO Automotive Wire Harness Systems Settlement Class; the DENSO Instrument Panel Clusters Settlement Class; the DENSO Fuel Senders Settlement Class; the DENSO Heater Control Panels Settlement Class; the DENSO Alternators Settlement Class; the DENSO Windshield Wiper Systems Settlement Class; the DENSO Radiators Settlement Class; the DENSO Starters Settlement Class; the DENSO Ignition Coils Settlement Class; the DENSO Motor Generators Settlement Class; the DENSO HID Ballasts Settlement Class; the DENSO Inverters Settlement Class; the DENSO Fan Motors Settlement Class; the DENSO Fuel Injection Systems Settlement Class; the DENSO Power Window Motors Settlement Class; the DENSO Automatic Transmission Fluid Warmers and Oil Coolers Settlement Class; the DENSO Valve Timing Control Devices Settlement Class; the DENSO Air Conditioning Systems Settlement Class; the DENSO Windshield Washer Systems Settlement Class; the DENSO Spark Plugs, Oxygen Sensors, and Air Fuel Ratio Sensors Settlement Class; and the DENSO Ceramic Substrates Settlement Class); the Furukawa Automotive Wire Harness Systems Settlement Class; the LEONI Automotive Wire Harness System Settlement Class; the MELCO Settlement Classes (i.e., the MELCO Alternators Settlement Class; the MELCO Starters Settlement Class; the MELCO Ignition Coils Settlement Class; the MELCO Fuel Injection Systems Settlement Class; the MELCO Valve Timing Control Devices Settlement Class; the MELCO Automotive Wire Harness Systems Settlement Class; the MELCO HID Ballasts Settlement Class; and the MELCO Electronic Powered Steering Assemblies Settlement Class); the NSK Settlement

    Classes (i.e., the NSK Bearings Settlement Class; and the NSK Electronic Powered Steering Assemblies Settlement Class); the Omron Power Window Switches Settlement Class; the Schaeffler Bearings Settlement Class; the Sumitomo Settlement Classes (i.e., the Sumitomo Automotive Wire Harness Systems Settlement Class, and the Sumitomo HCP Settlement Class); the Sumitomo Riko Settlement Classes (i.e., the Sumitomo Riko Anti-Vibration Rubber Parts Settlement Class; and the Sumitomo Riko Automotive Hoses Settlement Class); and / or the Valeo Air Conditioning Systems Settlement Class. Your dealership’s request for exclusion may not be effective unless it specifies from which Settlement(s) it is seeking exclusion.

    The case name: In re Automotive Parts Antitrust Litigation.

    The name, address, telephone number, and signature of a person with the authority to bind the dealership in its decision to exclude itself from the Settlement(s).

    All trade names or business names and addresses the dealership has used as a new car dealership, as well as any subsidiaries or affiliates who are requesting to be excluded from the Settlement(s).

    Your dealership’s dealer number(s) / dealer identification number(s) (for each car manufacturer for which you are or were an authorized dealer).

    This letter must be postmarked by October 28, 2016 and sent to:

    Auto Dealer Settlement Exclusions

    PO Box 6002 Larkspur

    CA 94977-6002

    If your dealership asks to be excluded from any of the Settlements, it will not get any payment from any of the particular Settlements from which it excludes itself, and your dealership cannot object to those Settlements.

    Unless your dealership excludes itself, it gives up any right to sue the Settling Defendants (including all related entities covered by the releases in the individual settlement agreements) for the claims that the Settlements resolve. If your dealership has a pending lawsuit against a Settling Defendant (including all related entities covered by the releases in the individual settlement agreements) involving the same legal issues in this case, speak to your lawyer in that case immediately. (Your dealership must exclude itself from the corresponding Settlement Class(es) in order to continue its own lawsuit against one or more of the Settling Defendants (including all related entities covered by the releases in the individual settlement agreements) concerning the parts for which they have settled.)

    

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  12. Can my dealership remain in the settlements with some defendants and exclude itself from others?

    Yes. Because there are separate Settlements of separate lawsuits, your dealership will need to decide, for each of the Settlements, whether to exclude itself from the Settlement, or whether to remain in the corresponding Settlement Class(es).

    

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  13. If I exclude my dealership, can it get money from the settlements?

    No. If your dealership excludes itself from one or more Settlements, it will not be able to get money from those particular Settlements. If your dealership excludes itself from some, but not all, of the Settlements, it will be eligible to receive payment from the Settlements for which it remains in the corresponding Settlement Class(es).

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  14. Does my dealership have a lawyer in these cases?

    The Court has appointed the law firms of Cuneo Gilbert & LaDuca, LLP, Larson • King, LLP, and Barrett Law Group, P.A. as interim class counsel (“Class Counsel”) in these lawsuits to represent your dealership and all other members of the Settlement Classes. The Barrett Law Group is not involved in the anti-vibration rubber parts cases. The Court also appointed Mantese Honigman, PC as Liaison Counsel for Dealers. Other law firms, including Thrash Law Firm, PA and Lovelace Law Firm, PA, are representing Dealers. Your dealership will not be charged directly by these lawyers, and any fees that they are paid will come from any settlements or recovery in these lawsuits. If your dealership wants to be represented by its own lawyer, it may hire one at its own expense.

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  15. How will the lawyers get paid?

    Your dealership is not personally responsible for payment of attorneys’ fees or expenses for Class Counsel or the other attorneys that have worked on behalf of the Dealers in these cases. As compensation for their time and the risk in litigating these cases on a contingent basis, Class Counsel will ask the Court to award attorneys’ fees of up to one-third of the Settlement Funds and reimbursement of expenses they have already paid in representing Dealers in these lawsuits. Any payment to Class Counsel must be approved by the Court, the attorneys may request less than one-third of the Settlement Funds, and the Court may award less than the requested amount.
    Class Counsel may also request service awards of up to $50,000.00 for the Dealers who have served as Class Representatives in these lawsuits to recognize them for the time, effort, and resources they have devoted to representing the Settlement Classes. If the Court grants this request, the service awards will be deducted proportionally from the Settlement Funds.
    The fees, costs, expenses and awards that the Court orders, plus the cost to administer the Settlements, will come out of the Settlement Funds. Class Counsel will also seek permission to set aside up to eight percent of the Settlement Funds for future litigation expenses to be used in the continuing lawsuits against the Non-Settling Defendants. Any unused funds that remain after payment of attorneys' fees will revert to the Settlement Funds for payment to eligible Dealers. The motion requesting these awards will be considered at the Final Approval Hearing described in this Notice and will be posted on the Settlement Website, www.AutoDealerSettlement.com.
    OBJECTING TO THE SETTLEMENTS OR THE REQUESTS FOR ATTORNEY’S FEES, EXPENSES, AND SERVICE AWARDS
    Your dealership can tell the Court that it doesn’t agree with the Settlements or some parts of them, or with the request for attorney’s fees, reimbursement of expenses, or service awards.

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  16. How does my dealership comment on or object to the settlements?

    Your dealership can object to any Settlement in which it is a member of the corresponding Settlement Class(es) as long as it has not excluded itself from the corresponding Settlement Class(es). Your dealership can object if it doesn’t like any part of them, or if it disagrees with the request for attorney’s fees, expenses, and service awards. The Court will consider your dealership’s views.

    To object, your dealership must send a letter that includes:

    Whether it wants to state an objection or make a comment in connection with:

    the Settlement by DENSO of the claims in the Automotive Wire Harness Systems Action; the Instrument Panel Clusters Action; the Fuel Senders Action; the Heater Control Panels Action; the Alternators Action; the Windshield Wiper Systems Action; the Radiators Action; the Starters Action; the Ignition Coils Action; the Motor Generators Action; the HID Ballasts Action; the Inverters Action; the Fan Motors Action; the Fuel Injection Systems Action; the Power Window Motors Action; the Automatic Transmission Fluid Warmers and Oil Coolers Action; the Valve Timing Control Devices Action; the Air Conditioning Systems Action; the Windshield Washer Systems Action; the Spark Plugs, Oxygen Sensors, and Air Fuel Ratio Sensors Action; or the Ceramic Substrates Action;

    the Settlement by Furukawa of the claims in the Automotive Wire Harness Systems Action;

    the Settlement by LEONI of the claims in the Automotive Wire Harness System Action;

    the Settlement by MELCO of the claims in the Alternators Action; the Starters Action; the Ignition Coils Action; the Fuel Injection Systems Action; the Valve Timing Control Devices Action; the Automotive Wire Harness Systems Action; the HID Ballasts Action; or the Electronic Powered Steering Assemblies Action;

    the Settlement by NSK of the claims in the Bearings Action; or the Electronic Powered Steering Assemblies Action;

    the Settlement by Omron of the claims in the Power Window Switches Action;

    the Settlement by Schaeffler of the claims in the Bearings Action;

    the Settlement by Sumitomo of the claims in the Automotive Wire Harness Systems Action; or the HCP Action;

    the Settlement by Sumitomo Riko of the claims in the Anti-Vibration Rubber Parts Action; or the Automotive Hoses Action; or

    the Settlement by Valeo of the claims in the Air Conditioning Systems Action.

    The case name: In re Automotive Parts Antitrust Litigation;

    The name, address, telephone number, and signature of a person with the authority to bind the dealership in its decision to object to the Settlement(s);

    All trade names or business names and addresses the dealership has used as a new car dealership, as well as any subsidiaries or affiliates who are objecting to the Settlement(s);

    Your dealership’s dealer number(s) / dealer identification number(s) (for each car manufacturer for which you are or were an authorized dealer);

    Evidence that the objecting new car dealership is a member of one of the Settlement Classes;

    A full explanation of why your dealership objects to the Settlement(s) and which Settlement(s) it objects to;

    Whether you or an attorney representing your dealership intends to appear at the Final Approval Hearing; and

    Copies of any documents you wish to use, reference, or rely upon at the Final Approval Hearing.

    Your dealership must file the objection with the Court at the following address, received by October 28, 2016:

    Clerk’s Office Theodore Levin U.S. Courthouse

    231 W. Lafayette Blvd

    Room 564 Detroit, MI 48226

    A copy of the objection must also be mailed to the following address, postmarked by October 28, 2016:

    Auto Dealer Settlement Objections

    PO Box 6002 Larkspur

    CA 94977-6002

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  17. What's the difference between objecting and excluding?

    Objecting is simply telling the Court that your dealership doesn’t like something about the Settlements or the request for attorney’s fees, reimbursement of expenses, or service awards. Your dealership can object to one or more of the Settlements only if it stays in the Settlement Class(es) for the particular Settlement. If your dealership excludes itself from a Settlement, it has no right to object because that Settlement no longer affects your dealership.
    THE FINAL APPROVAL HEARING
    The Court will hold a hearing to decide whether to approve the Settlements, and the request for attorney’s fees, expenses, and service awards. You may attend and ask the Court’s permission to speak, but you don’t have to participate in the hearing in order to attend.

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  18. When and where will the court decide whether to approve this settlement?

    The Court will hold the Final Approval Hearing at 1:30 p.m. on November 16, 2016, at the United States District Court for the Eastern District of Michigan, Theodore Levin U.S. Courthouse, 231 W. Lafayette Blvd., Courtroom 272, Detroit, MI 48226. At that hearing, the Court will consider whether each of the Settlements is fair, reasonable, and adequate, and whether to award attorney’s fees, reimbursement of expenses, and service awards. The Court may also consider whether certain of the Plans of Allocation are fair and reasonable. If there are objections, the Court will consider them. We do not know how long these decisions will take or whether appeals will be filed.

    The Court may change the time and date of the Final Approval Hearing. Notice of any change will be posted at www.AutoDealerSettlement.com.

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  19. Do I have to come to the hearing?

    No, but you are welcome to come at your own expense. If your dealership files an objection, you do not have to come to Court to talk about it. As long as you mailed your dealership’s written objection on time, it will be before the Court when the Court considers whether to approve the Settlements. Your dealership also may pay its own lawyer to attend the Final Approval Hearing, but such attendance is not necessary.

    

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  20. May I speak at the hearing?

    You, or a lawyer representing your dealership, may ask the Court for permission to speak at the Final Approval Hearing. If you wish to do so, you or the lawyer representing your dealership must send a letter stating the following:

    "Notice of Intention to Appear in In re Automotive Parts Antitrust Litigation";

    Which of the settlements identified in Question 5 you are seeking to address at the hearing;

    For each of the settlements you are seeking to address, the position your dealership will take and your reasons;

    The name, address, telephone number, and signature of the person who will appear; and

    Proof of your dealership’s membership in at least one of the Settlement Classes.

    The Notice of Intention to Appear must be filed with the Court at the following address, received by October 28, 2016

    Clerk’s Office Theodore Levin U.S. Courthouse

    231 W. Lafayette Blvd

    Room 564 Detroit, MI 48226

    Copies of the Notice of Intention to Appear must also be sent to the attorneys listed in Question 23.

    

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  21. What happens if my dealership does nothing?

    If your dealership does nothing, it will remain in the class(es) for each Settlement of which your dealership is a Settlement Class Member, and your dealership will be bound by the Judgment in the cases. However, to share in a distribution of the Settlement Funds, your dealership will need to timely submit a valid Proof of Claim form if it did not submit a valid Proof of Claim form in the earlier dealership settlements in this litigation. Your dealership may rely on its prior Proof of Claim if it does not wish to update its information. The Proof of Claim form and a form to update information are available on the Settlement Website at www.AutoDealerSettlement.com. After either relying on a prior valid Proof of Claim form or submitting a new form, your dealership may then receive a distribution from the Settlements that are approved by the Court, and in which you are a member of the corresponding Settlement Class(es). See Question 8 for more information.

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  22. Are there more details about the settlements and the request for attorney's fees, expenses, and service awards?

    This Notice summarizes the Settlements. More details are in the settlement agreements. You can get a copy of the settlement agreements by visiting www.AutoDealerSettlement.com.

    Class Counsel will file a motion for final approval of the Settlements and a motion with a request for attorney’s fees, reimbursement of expenses, and service awards, which will contain additional information. The motion seeking attorneys’ fees, reimbursement of expenses, and service awards will be filed by October 12, 2016 and will be available at www.AutoDealerSettlement.com.

    

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  23. How do I get more information?

    If you have questions or want more information, you can visit the Settlement Website at www.AutoDealerSettlement.com or call the Settlement Administrator toll free at (888) 565-3171. You can also visit the office of the Clerk of Court, Theodore Levin U.S. Courthouse, 31 W. Lafayette Blvd., Room 564, Detroit, MI 48226 to review the Court filings or visit the Court’s Public Access to Court Electronic Records (PACER) system at www.pacer.gov.

    If you cannot locate the answer to your question, you may write to Class Counsel at the following addresses:

    Jonathan W. Cuneo

    Cuneo Gilbert & LaDuca, LLP

    507 C Street, NE

    Washington, DC 20002

    Don Barrett

    Barrett Law Group, P.A.

    P.O. Box 927

    Lexington, MS 39095

    Shawn M. Raiter

    Larson • King, LLP

    30 East Seventh Street, Suite 2800

    St. Paul, MN 55101

    

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  24. Can I update my dealership's address?

    Yes. If your dealership’s address changes, please update your information online at www.AutoDealerSettlement.com.

    DATED: September 9, 2016

    BY ORDER OF THE COURT

    UNITED STATES DISTRICT COURT

    EASTERN DISTRICT OF MICHIGAN

    Judge Marianne O. Battani

    

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