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: Anti-Vibration Rubber Parts, Automotive Constant-Velocity Joint Boot Products, Automotive Lamps, Bearings, Body Sealings, Brake Hoses, Ceramic Substrates, Electronic Powered Steering Assemblies, Exhaust Systems, Fan Motors, Fuel Injection Systems, Heater Control Panels, HID Ballasts, Ignition Coils, Interior Trim, Power Window Motors, Radiators, Shock Absorbers, Side Door Latches and Latch Minimodules, Spark Plugs (including Standard 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 on this website.


    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 benefits that are available nationwide.

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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: Aisan, Aisin Seiki, Alps, Bosch, Bridgestone, Chiyoda, Diamond Electric, Eberspächer, G.S. Electech, Hitachi, HIAMS, INOAC, JTEKT, Kiekert, Koito, Mitsuba, NGK, NRC, NTN, Tokai Rika, Toyo, Yamada and Yamashita.
    There are other Defendants who have not settled. This is the third 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 Aisan Fuel Injection Systems Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through December 19, 2016, (a) purchased a new Vehicle in the United States for resale, which included as a component part one or more Fuel Injection Systems manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant, or (b) 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.
    (B) The Aisin Seiki Valve Timing Control Devices Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through August 25, 2016, indirectly (a) purchased Valve Timing Control Devices manufactured by the Defendants or any current or former subsidiary or affiliate thereof or any co-conspirator, or (b) purchased new vehicles containing Valve Timing Control Devices manufactured by the Defendants or any current or former subsidiary, affiliate thereof or co-conspirator.
    (C) The Alps Heater Control Panels Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through May 5, 2017, (i) indirectly purchased one or more Heater Control Panels which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant, or (ii) purchased a Vehicle in the United States for resale which included one or more Heater Control Panels as a component 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 Bosch Windshield Wiper System Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through September 29, 2017, purchased a Vehicle in the United States for resale, which included, as a component part, one or more Windshield Wiper System(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate thereof, or any co-conspirator of a Defendant; or indirectly purchased one or more Windshield Wiper System(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant.
    (E) The Bosch Starters Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through September 29, 2017, purchased a Vehicle in the United States for resale which included, as a component part, one or more Starter(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant; or indirectly purchased one or more Starter(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant.
    (F) The Bosch Fuel Injection Systems Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through September 29, 2017, purchased a Vehicle in the United States for resale, which included, as a component part, one or more Fuel Injection System(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant; or indirectly purchased one or more Fuel Injection System(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant.
    (G) The Bosch Spark Plugs Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through September 29, 2017, purchased a Vehicle in the United States for resale, which included, as a component part, one or more Spark Plug(s), Standard Oxygen Sensor(s), or Air Fuel Ratio Sensor(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant; or indirectly purchased one or more Spark Plug(s), Standard Oxygen Sensor(s), or Air Fuel Ratio Sensor(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant.
    (H) The Bridgestone Anti-Vibration Rubber Parts Settlement Class is defined as:
    All Automobile Dealerships that, from March 1, 1996 through September 27, 2017, (a) indirectly purchased Anti-Vibration Rubber Parts manufactured by the Defendants or any current or former subsidiary or affiliate thereof or any co-conspirator, or (b) purchased Vehicles for resale that contained Anti-Vibration Rubber Parts manufactured by the Defendants or any current or former subsidiary, affiliate thereof or co-conspirator.
    (I) The Chiyoda Automotive Wire Harness Systems Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 1999 through January 5, 2017, (a) indirectly purchased one or more Automotive Wire Harness Systems manufactured or sold by Defendants or any current or former parent, subsidiary or affiliate thereof, or any co-conspirator, or (b) purchased a new Vehicle in the United States for resale, which included as a component part Automotive Wire Harness Systems manufactured by Defendants or any or current or former parent, subsidiary, affiliate thereof, or co-conspirator.

    (J) The Diamond Electric Ignition Coils Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through June 14, 2017, (a) indirectly purchased one or more Ignition Coil(s) as a component part, or indirectly purchased one or more Ignition Coil(s) as a replacement part, which were manufactured or sold by Defendants, any current or former subsidiary of Defendants, or any co-conspirator of a Defendant, or (b) purchased Vehicles for resale that contained Ignition Coil(s) manufactured or sold by Defendants, any current or former subsidiary of Defendants, or any co-conspirator of a Defendant.
    (K) The Eberspächer Exhaust Systems Settlement Class is defined as:
    All automobile dealers that, from January 1, 2002 through September 29, 2017, (a) indirectly purchased one or more Exhaust System(s) manufactured or sold by a Defendant or any current or former subsidiary or affiliate thereof or any co-conspirator, or (b) purchased Vehicles for resale that contained one or more Exhaust System(s), which were manufactured or sold by a Defendant or any current or former subsidiary or affiliate thereof, or co-conspirator.
    (L) The G.S. Electech Automotive Wire Harness Systems Settlement Class is defined as:
    All automobile dealers that, from January 1, 1999, through August 29, 2016, (1) purchased new vehicles that included one or more Automotive Wire Harness System(s) 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 Wire Harness System(s), 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.
    (M) The Hitachi Automotive Brake Hoses Settlement Class is defined as:
    All Automobile Dealerships that, from February 1, 2004 to May 23, 2017, (a) indirectly purchased Automotive Brake Hoses manufactured or sold by the Defendants or any current or former subsidiary or affiliate thereof or any co-conspirator, or (b) purchased a new Vehicle in the United States, which contained Automotive Brake Hose manufactured or sold by Defendants or any current or former subsidiary, affiliate thereof or co-conspirator.
    (N) The HIAMS Shock Absorbers Settlement Class is defined as:
    All Automobile Dealerships that, during the period from and including January 1, 1995 through October 2, 2017, (a) indirectly purchased for resale one or more Shock Absorbers manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant, or (b) purchased Vehicles for resale containing Shock Absorbers manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant.
    (O) The INOAC Interior Trim Settlement Class is defined as:
    All automobile dealers that, from June 2004 through March 9, 2017, (a) indirectly purchased one or more Interior Trim(s) manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, including, but not limited to, Intertec Systems, LLC, a U.S. company, and Intertec Systems, an Ontario general partnership, or any co-conspirator of a Defendant, or (b) purchased Vehicles containing one or more Interior Trim(s) manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, including, but not limited to, Intertec Systems, LLC, a U.S. company, and Intertec Systems, an Ontario general partnership, or any co-conspirator of a Defendant.

    (P) The JTEKT Automotive Bearings Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through October 6, 2016, (1) purchased new Vehicles in the United States that included one or more Automotive Bearings as a component part, which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant 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 Defendants.
    (Q) The JTEKT Electronic Powered Steering Assemblies Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through October 6, 2016, (1) purchased new Vehicles in the United States that included one or more Electronic Powered Steering Assemblies as a component part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant, or (2) indirectly purchased one or more Electronic Powered Steering Assemblies, which were manufactured or sold by a Defendant, any current or former parent, subsidiary, or affiliate of a Defendant, or any co-conspirator of Defendants.
    (R) The Kiekert Side-Door Latches and Latch Minimodules Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2004 through September 22, 2017, (a) indirectly purchased Side-Door Latches or Latch Minimodules, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant, or (b) purchased Vehicles for resale that contained one or more Side-Door Latches or Latch Minimodules, 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 Koito Automotive Lamps Settlement Class is defined as:
    All Automobile Dealers that, from July 1, 2002 through May 26, 2017, (a) indirectly purchased Automotive Lamps manufactured by a Defendant or any current or former subsidiary or affiliate thereof or any co-conspirator, or (b) purchased Vehicles for resale containing Automotive Lamps manufactured by a Defendant or any current or former subsidiary, affiliate thereof or co-conspirator.
    (T) The Koito HID Ballasts Settlement Class is defined as:
    All Automobile Dealers that, from July 1, 1998 through May 26, 2017, (a) indirectly purchased HID Ballasts manufactured or sold by a Defendant or any current or former subsidiary or affiliate thereof or any co-conspirator, or (b) purchased Vehicles for resale containing HID Ballasts manufactured or sold by a Defendant or any current or former subsidiary, affiliate thereof or co-conspirator.
    (U) The Mitsuba Windshield Wiper Systems Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through August 30, 2017, purchased a Vehicle, which included, as a component part, one or more Windshield Wiper System(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate thereof, or any co-conspirator of a Defendant, or indirectly purchased, as a replacement part, one or more Windshield Wiper System(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant.

    (V) The Mitsuba Radiators Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through August 30, 2017, purchased a Vehicle, which included, as a component part, one or more Radiator(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate thereof, or any co-conspirator of a Defendant, or indirectly purchased, as a replacement part, one or more Radiator(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant.
    (W) The Mitsuba Starters Settlement Class is defined as:
    All Automobile Dealerships that, from June 1, 2000 through August 30, 2017, purchased a Vehicle, which included, as a component part, one or more Starter(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant, or indirectly purchased, as a replacement part, one or more Starter(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant.
    (X) The Mitsuba Automotive Lamps Settlement Class is defined as:
    All Automobile Dealerships that, from July 1, 2002 through August 30, 2017, purchased a Vehicle, which included, as a component part, one or more Automotive Lamp(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant, or indirectly purchased, as a replacement part, one or more Automotive Lamp(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant.
    (Y) The Mitsuba Electric Powered Steering Assembly Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through August 30, 2017, purchased a Vehicle, which included, as a component part, one or more Electric Powered Steering Assembly(ies), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant, or indirectly purchased, as a replacement part, one or more Electric Powered Steering Assembly(ies), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant.
    (Z) The Mitsuba Fan Motor Settlement Class is defined as:
    All Automobile Dealerships that, from July 1, 1999 through August 30, 2017, purchased a Vehicle in the United States, which included, as a component part, one or more Fan Motor(s), which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant, or indirectly purchased, as a replacement part, one or more Fan Motor(s), which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any coconspirator of a Defendant.
    (AA) The Mitsuba Fuel Injection System Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through August 30, 2017, purchased a Vehicle, which included, as a component part, one or more Fuel Injection System(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant, or indirectly purchased, as a replacement part, one or more Fuel Injection System(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant.

    (BB) The Mitsuba Power Window Motor Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through August 30, 2017, purchased a Vehicle, which included, as a component part, one or more Power Window Motor(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant, or indirectly purchased, as a replacement part, one or more Power Window Motor(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any co-conspirator of a Defendant.
    (CC) The Mitsuba Windshield Washer Systems Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through August 30, 2017, purchased a Vehicle, which included, as a component part, one or more Windshield Washer System(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any coconspirator of a Defendant, or indirectly purchased, as a replacement part, one or more Windshield Washer System(s), which were manufactured or sold by a Defendant, any current or former subsidiary or affiliate of a Defendant, or any coconspirator of a Defendant.
    (DD) The NGK Ceramic Substrates Settlement Class is defined as:
    All Automobile Dealerships that, from July 1, 1999 through October 26, 2017, (a) indirectly purchased one or more Ceramic Substrates, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant, or (b) purchased Vehicles for resale that contained Ceramic Substrates manufactured by the Defendants or any current or former subsidiary, affiliate thereof, or any co-conspirator of a Defendant.
    (EE) The NRC Body Sealings Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through November 15, 2017, (a) purchased Vehicles for resale in the United States which included one or more Body Sealing(s) as a component part, which were manufactured or sold by a Defendant, any current or former subsidiary of a Defendant, or any co-conspirator of a Defendant, or (b) indirectly purchased one or more Body Sealing(s) in the United States, 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 NTN Bearings Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through November 16, 2016, indirectly: (a) purchased Bearings manufactured by the Defendants in 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 Tokai Rika Automotive Wire Harness Systems Settlement Class is defined as:
    All automobile dealers that, from January 1, 1999, through September 1, 2016, purchased a new vehicle in the United States, 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.
    (HH) The Toyo Anti-Vibration Rubber Parts Settlement Class is defined as:
    All Automobile Dealerships that, from March 1, 1996 through September 14, 2017, (a) indirectly purchased Anti-Vibrational Rubber Parts manufactured by the Defendants or any current or former subsidiary or affiliate thereof or any co-conspirator, or (b) purchased Vehicles for resale that contained Anti-Vibration Rubber Parts manufactured by the Defendants or any current or former subsidiary, affiliate thereof or co-conspirator.

    (II) The Toyo Constant-Velocity Joint Boot Products Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2006 through September 14, 2017, (a) indirectly purchased Automotive Constant-Velocity Joint Boot Products manufactured by the Defendants or any current or former subsidiary or affiliate thereof or any co-conspirator, or (b) purchased Vehicles for resale that contained Automotive Constant-Velocity Joint Boot Products manufactured by the Defendants or any current or former subsidiary, affiliate thereof or co-conspirator.
    (JJ) The Yamada Electronic Powered Steering Assemblies Settlement Class is defined as:
    All Automobile Dealerships that, from January 1, 2000 through November 28, 2016, purchased a new Vehicle in the United States for resale which 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.
    (KK) The Yamashita Anti-Vibration Rubber Parts Settlement Class is defined as:
    All Automobile Dealerships that, from March 1, 1996 through September 27, 2016, purchased new Vehicles that included one or more Anti-Vibration Rubber Parts 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.
    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. 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 for resale 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 for resale 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.
    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 $115 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 January 21, 2019.

    If your dealership did not submit a Proof of Claim in the first or second 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 January 21, 2019, or by First Class Mail postmarked by the deadline of January 21, 2019 to:

    Auto Dealer Settlement Administrator

    404000 Louisville

    KY 40233-4000

    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?

    Please see the detailed instructions on how to be excluded in the Notice located here.

    

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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 attorney’s 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 attorney’s fees of up to 30 percent 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 that up to 1.5 percent of the Settlement Funds be awarded to the group of Dealers who serve 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 service 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 3 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, by August 1, 2018.

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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). For detailed objection instructions, please see the Notice located here.

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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 2:00 P.M. on September 26, 2018, 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 August 20, 2018:

    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 August 1, 2018 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 by emailing info@autodealersettlement.com or calling 888-565-3171.

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