Case 3:14-cv-03264-JD Document 1013 Filed 01/12/16 Page 1 of 3
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`Case No. 14-cv-03264-JD
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`ORDER RE QUESTIONS FOR 1/13/16
`HEARING ON FTAIA ISSUES
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`IN RE CAPACITORS ANTITRUST
`LITIGATION.
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`For the January 13, 2016 hearing on defendants’ summary judgment motions under the
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`FTAIA (Dkt. Nos. 911, 915), the Court directs the parties to be prepared to address these
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`questions:
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`1. Which defendants import capacitors into the United States?
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`a. Which defendants invoice customers located in the U.S.?
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`b. Which defendants directly ship capacitors into the U.S. (regardless of the
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`location of the customer who was invoiced for them)?
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`c. What percentage of capacitors were bought by and delivered to a plaintiff in the
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`U.S.?
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`d. Did the defendants engage in import commerce because the conspiracy’s intent
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`was to fix prices for U.S. customers and actions in furtherance of that intent
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`were taken by defendants’ employees located within the U.S.?
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`2. Which defendants sell exclusively outside the U.S.? Does any defendant contend it
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`never invoiced or shipped capacitors to any customer in the U.S.?
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`Case 3:14-cv-03264-JD Document 1013 Filed 01/12/16 Page 2 of 3
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`3. Which defendants sold outside of the U.S. but expected or targeted final delivery of
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`finished goods to the U.S.?
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`a. Was it understood that substantial numbers of finished products (incorporating
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`capacitors) were destined for the United States and that “the practical upshot of
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`the conspiracy would be and was increased prices to customers in the United
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`States,” U.S. v. Hsiung, 778 F.3d 738, 759 (9th Cir. 2014)?
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`4. For plaintiffs’ foreign purchase of capacitors that remained capacitors:
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`a. Which plaintiffs bought capacitors abroad through a foreign related company
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`who then shipped the capacitors to the U.S. company for resale in the U.S.?
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`b. Which plaintiffs bought capacitors abroad through a foreign related company
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`who then resold those capacitors abroad?
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`5. For plaintiffs’ foreign purchase of capacitors that were incorporated into finished
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`goods:
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`a. Which plaintiffs bought capacitors abroad through a foreign related company
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`who then shipped finished goods (incorporating those capacitors) to the U.S.
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`company for resale in the U.S.?
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`b. Which plaintiffs bought capacitors abroad through a foreign related company
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`who then sold finished goods (incorporating those capacitors) abroad?
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`6. Which plaintiffs purchased capacitors through foreign divisions rather than
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`subsidiaries?
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`7. Which defendants sold capacitors or finished goods from the U.S. to foreign
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`customers?
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`The Court’s intent is that the parties will clarify the mass of facts proffered in the
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`declarations by sorting them into clear “buckets” that address the FTAIA issues. The parties are
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`referred to Motorola Mobility LLC v. AU Optronics Corp., 775 F.3d 816 (7th Cir. 2014), and In re
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`Vitamin C Antitrust Litigation, 904 F. Supp. 2d 310 (E.D.N.Y. 2012), for examples of helpful data
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`presentation.
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`Case 3:14-cv-03264-JD Document 1013 Filed 01/12/16 Page 3 of 3
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`Ideally, plaintiffs and defendants will be prepared to take a stand on the answers on a joint
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`basis. If the answers cannot be joint, each defendant must be prepared to answer these questions
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`with specific citations to declarations. It is likely the Court will call for additional written
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`submissions on these targeted questions.
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`IT IS SO ORDERED.
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`Dated: January 12, 2016
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`JAMES DONATO
`United States District Judge
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