Case 3:14-cv-03264-JD Document 1987 Filed 12/21/17 Page 1 of 80
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`BILZIN SUMBERG BAENA PRICE & AXELROD LLP
`Robert W. Turken (pro hac vice)
`Scott N. Wagner (pro hac vice)
`Lori P. Lustrin (pro hac vice)
`Shalia M. Sakona (pro hac vice)
`Jerry R. Goldsmith (pro hac vice)
`1450 Brickell Avenue
`Suite 2300
`Miami, FL 33131-3456
`Telephone: (305) 374-7580
`Email: rturken@bilzin.com
`Email: swagner@bilzin.com
`Email: llustrin@bilzin.com
`Email: ssakona@bilzin.com
`Email: jgoldsmith@bilzin.com
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`FENNEMORE CRAIG, P.C.
`Amy Abdo (No. 016346)
`2394 E. Camelback Road, Suite 600
`Phoenix, AZ 85016-3429
`Telephone: (602) 916-5000
`Email: aabdo@fclaw.com
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`Attorneys for Plaintiff Avnet, Inc.
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`UNITED STATES DISTRI CT COURT
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`DISTRICT OF ARIZONA
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`AMENDED COMPLAINT
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`JURY TRIAL DEMANDED
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`Avnet, Inc.,
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`Plaintiff,
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`vs.
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`Hitachi Chemical Co., Ltd.;
`Hitachi AIC Inc.;
`Hitachi Chemical Co. America, Ltd.; ELNA
`Co., Ltd.; ELNA America Inc.;
`Matsuo Electric Co., Ltd.; TOSHIN KOGYO
`Co., Ltd.; Holy Stone Enterprise Co., Ltd.;
`Milestone Global Technology, Inc. (D/B/A
`Holystone International); Okaya Electric
`Industries Co., Ltd.; Okaya Electric America
`Inc.; Taitsu Corporation; Taitsu America, Inc.;
`Shinyei Kaisha; Shinyei Technology Co.,
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`Case 3:14-cv-03264-JD Document 1987 Filed 12/21/17 Page 2 of 80
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`Ltd.; Shinyei Capacitor Co., Ltd.; Shinyei
`Corporation of America, Inc.; Nitsuko
`Electronics Corporation; Nissei Electric Co.,
`Ltd.; Shizuki Electric Co., Inc.; Soshin
`Electric Co., Ltd.; Soshin Electronics of
`America, Inc.; Nippon Chemi-Con
`Corporation; United Chemi-Con, Inc.;
`Nichicon Corporation; Nichicon (America)
`Corporation; Rubycon Corporation; and
`Rubycon America Inc.
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`Defendants.
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`

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`Case 3:14-cv-03264-JD Document 1987 Filed 12/21/17 Page 3 of 80
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`Plaintiff, Avnet, Inc., brings this action for damages under the antitrust laws of the
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`United States against defendants Hitachi Chemical Co., Ltd.; Hitachi AIC Inc.; Hitachi
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`Chemical Co. America, Ltd.; ELNA Co., Ltd.; ELNA America Inc.; Matsuo Electric Co.,
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`Ltd.; TOSHIN KOGYO., Ltd.; Holy Stone Enterprise Co., Ltd.; Milestone Global
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`Technology, Inc. (D/B/A HolyStone International); Okaya Electric Industries Co., Ltd.;
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`Okaya Electric America Inc.; Taitsu Corporation; Taitsu America, Inc.; Shinyei Kaisha;
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`Shinyei Technology Co., Ltd.; Shinyei Capacitor Co., Ltd.; Shinyei Corporation of
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`America, Inc.; Nitsuko Electronics Corporation; Nissei Electric Co., Ltd.; Shizuki
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`Electric Co., Inc.; Soshin Electric Co., Ltd.; Soshin Electronics of America, Inc.; Nippon
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`Chemi-Con Corporation; United Chemi-Con, Inc.; Nichicon Corporation; Nichicon
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`(America) Corporation; Rubycon Corporation; and Rubycon America Inc. (collectively,
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`the “Defendants”), and alleges as follows:
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`I.
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`INTRODUCTION
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`1.
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`Defendants and their co-conspirators (together, “Conspirators”)
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`formed an
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`international cartel
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`that conducted a
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`long-running conspiracy (the
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`“Conspiracy”) that extended from at least November 2001 through at least January 2014
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`(the “Conspiracy Period”). The purpose and effect of this conspiracy was to fix, stabilize,
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`and maintain prices for aluminum, tantalum, and film capacitors (together, “Affected
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`Capacitors”).
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`2.
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`Capacitors are integral components found in virtually all electronic
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`devices—from simple household appliances, to computers, automobiles and sophisticated
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`industrial, telecommunication, medical, and aerospace technology products. Capacitors
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`store electrical energy and help regulate the flow of the electrical current as it moves
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`through a circuit.
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`3.
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`Because the functions of capacitors are fundamental to the operation
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`of practically all electronic devices, capacitors are sold in large volume and demand is
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`immense. In 2003, global revenues for all manufacturers in the capacitor industry totaled
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`approximately $16 billion based on the sales of trillions of capacitors. Industry analysts
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`Case 3:14-cv-03264-JD Document 1987 Filed 12/21/17 Page 4 of 80
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`estimate that global revenues from the sale of capacitors will reach over $20 billion by
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`2016.
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`4.
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`In spite of their critical functions, the vast majority of capacitors are
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`very small—sometimes the size of a pencil point—and typically cost no more than a few
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`cents, and often as little as a fraction of a cent. Capacitors of like capacitance, dielectric,
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`and form factor also are generally interchangeable despite different manufacturers. As a
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`result, the price of these products is the primary differentiation for purchasers.
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`5.
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`The commoditized nature of capacitors in conjunction with the
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`mature nature of the industry, significantly high barriers to entry, and necessary
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`economies of scale,
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`rendered
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`the capacitors market especially susceptible
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`to
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`anticompetitive manipulation. This allowed and enabled the efforts by Conspirators to
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`raise, maintain, or stabilize prices, or to reduce the supply of Affected Capacitors, which
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`artificially inflated prices above those that would prevail in a competitive market.
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`6.
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`In the advent of the Conspiracy Period, Conspirators had begun to
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`experience reduced profit margins as a result of increased competition among
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`manufacturers of Affected Capacitors and the rise in popularity of considerably cheaper
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`ceramic capacitors. To bolster the profitability of their respective Affected Capacitors
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`sales, and to negate the impact of declining demand on price, Conspirators—commencing
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`as early as November 2001 and continuing throughout the Conspiracy Period—combined,
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`conspired, and agreed to curtail competition of Affected Capacitors among themselves by
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`fixing prices, allocating customers
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`through bid-rigging, and constraining
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`their
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`manufacturing output.
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`7.
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`These anti-competitive agreements and understandings were reached
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`during regular and ad hoc group and bilateral meetings and communications during which
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`Conspirators discussed and coordinated strategy for achieving their desired anti-
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`competitive ends.
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` Conspirators agreed at
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`these meetings and
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`through
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`these
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`communications to uniformly price their competing Affected Capacitors in order to
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`Case 3:14-cv-03264-JD Document 1987 Filed 12/21/17 Page 5 of 80
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`increase profitability. They also discussed how to justify and convey their collusive
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`manufacturing, delivery, and pricing changes to customers and the market.
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`8.
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`Both in the course of these live meetings, as well as through written
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`and oral communications, Conspirators exchanged confidential and commercially
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`sensitive information regarding Affected Capacitors, including customer and industry-
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`specific price requests, current and future prices, anticipated timing of pricing changes,
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`sales volume, production capacity, production lead times, profitability, and availability
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`and cost of raw materials. Conspirators used this data to determine concerted prices,
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`allocate customers, and otherwise facilitate the Conspiracy.
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`9.
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`Conspirators
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`adhered
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`to
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`these
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`collusive
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`agreements
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`and
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`understandings as they issued bids and price announcements and “negotiated” prices with
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`their customers—selling Affected Capacitors at
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`inflated non-competitive prices
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`throughout the Conspiracy period.
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`10. Competitors for common customers coordinated their respective bids
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`to secure mutual market shares consistent with their production capacities, agreeing in
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`advance which seller should win the bid and what their respective initial and final offers
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`should be to guarantee that outcome. Conspirators urged one another “not to give in” to
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`customers’ requests for price reductions, and to avoid being drawn in to “price wars.”
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`11.
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`Through
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`their collusive, anticompetitive actions, Conspirators
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`effectively negated, and reversed the normal economic benefits of increased competition,
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`and thus cost their customers, including Plaintiff, hundreds of millions of dollars in
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`overcharges.
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`12. Meanwhile, Defendants took pains to conceal their anticompetitive
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`and unlawful conduct from their customers, regulators, and the public. The Conspiracy
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`remained an international secret until the spring of 2014, when law enforcement and
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`competition authorities around the globe first publicly acknowledged their respective
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`investigations into anticompetitive conduct in the capacitors industry. By that time,
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`Case 3:14-cv-03264-JD Document 1987 Filed 12/21/17 Page 6 of 80
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`customers like Plaintiff had been paying artificially inflated prices for Affected Capacitors
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`for approximately 17 years.
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`13.
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`In 2014, Conspirator Panasonic Corporation, on behalf of itself and
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`certain of
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`its wholly-owned subsidiaries admitted
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`to
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`the U.S. Department of
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`Justice (“DOJ”) that Conspirators engaged in a conspiracy to fix the prices of Affected
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`Capacitors beginning no later than January 1, 2003 and that Conspirators’ cartel activities
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`were undertaken for the purpose of artificially maintaining and inflating prices of
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`aluminum, tantalum, and film capacitors sold to United States purchasers and purchasers
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`worldwide.
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`14. On September 2, 2015, the DOJ filed an Information charging
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`Conspirator NEC TOKIN Corporation with “knowingly” joining and participating in a
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`conspiracy violating Section 1 of the Sherman Act by entering into and engaging in a
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`combination and conspiracy “to suppress and eliminate competition by fixing and rigging
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`bids of certain electrolytic capacitors in the United States and elsewhere” from “at least as
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`early as April 2002 until in or about December 2013.” In addition, the Information dated
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`the Conspiracy from “at least as early as September 1997” until “in or about January
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`2014.” On January 25, 2016, NEC TOKIN Corporation pleaded guilty to conspiracy to
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`fix the prices of electrolytic capacitors as charged in the Information.
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`15. On April 7, 2016, the DOJ announced that Hitachi Chemical Co.,
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`Ltd. agreed to plead guilty to conspiring with competitors to fix prices for electrolytic
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`capacitors sold to customers in the United States and elsewhere. Like the DOJ’s
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`Information against NEC TOKIN, the DOJ’s Information against Hitachi also dated the
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`Conspiracy from “at least as early as September 1997” until “in or about January 2014.”
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`The Information charged Hitachi Chemical Co., Ltd. with “knowingly” joining and
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`participating in a conspiracy with its competitors between 2002 and 2010. On June 9,
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`2016, Hitachi Chemical Co., Ltd. pleaded guilty to conspiring to fix the prices of
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`electrolytic capacitors as charged in the Information.
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`Case 3:14-cv-03264-JD Document 1987 Filed 12/21/17 Page 7 of 80
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`16. On August 22, 2016, the DOJ announced that Rubycon Corporation
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`had agreed to plead guilty for conspiring to fix prices for electrolytic capacitors sold to
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`customers in the United States and elsewhere. The DOJ’s Information against Rubycon
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`Corporation charged the company with conspiring with its competitors to fix prices and
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`rig bids for certain electrolytic capacitors in the United States and elsewhere. The
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`Information charged that Rubycon Corporation “knowingly joined and participated in the
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`charged conspiracy from at least as early as August 2002 until in or about January 2014.
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`In addition, the Information dated the Conspiracy from “at least as early as September
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`1997” until “in or about January 2014.” On October 12, 2016, Rubycon Corporation
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`pleaded guilty to conspiring to fix the prices of electrolytic capacitors as charged in the
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`Information.
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`17. On August 22, 2016, the DOJ also announced that ELNA Co., Ltd.
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`had agreed to plead guilty for conspiring to fix prices for electrolytic capacitors sold to
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`customers in the United States and elsewhere. The DOJ’s Information against ELNA Co.,
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`Ltd. charged the company with conspiring with its competitors to fix prices and rig bids
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`for certain electrolytic capacitors in the United States and elsewhere. The Information
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`charged that ELNA Co., Ltd. “knowingly joined and participated in the charged
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`conspiracy from at least as early as August 2002 until in or about January 2014. In
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`addition, the Information dated the Conspiracy from “at least as early as September 1997”
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`until “in or about January 2014.” On October 12, 2017, ELNA Co., Ltd. pleaded guilty to
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`conspiring to fix the prices of electrolytic capacitors as charged in the Information.
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`18. On August 22, 2016, the DOJ also announced that Holy Stone
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`Holdings Co., Ltd. had agreed to plead guilty for conspiring to fix prices for electrolytic
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`capacitors sold to customers in the United States and elsewhere. The DOJ’s Information
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`against Holy Stone Holdings Co., Ltd. charged the company with conspiring with its
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`competitors to fix prices and rig bids for certain electrolytic capacitors in the United States
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`and elsewhere. The Information charged that Holy Stone Holdings Co., Ltd. “knowingly
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`joined and participated in the charged conspiracy from in or about April 2010 until in or
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`Case 3:14-cv-03264-JD Document 1987 Filed 12/21/17 Page 8 of 80
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`about January 2014.” In addition, the Information dated the conspiracy from “at least as
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`early as September 1997” until “in or about January 2014.” On October 12, 2017, Holy
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`Stone Holdings Co., Ltd. pleaded guilty to conspiring to fix the prices of electrolytic
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`capacitors as charged in the Information.
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`19. On February 8, 2017, the DOJ announced that Matsuo Electric Co.,
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`Ltd. had agreed to plead guilty to conspiring with competitors to fix prices and rig bids for
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`electrolytic capacitors sold to customers in the United States and elsewhere. The DOJ’s
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`Information charged that Matsuo Electric Co., Ltd “knowingly joined and participated in
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`the charged conspiracy from at least as early as November 2001 until in or about January
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`2014.” The Information dated the conspiracy from “at least as early as September 1997”
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`until “in or about January 2014.” On October 26, 2017, Matsuo Electric Co., Ltd. pleaded
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`guilty to conspiring to fix the prices of electrolytic capacitors as charged in the
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`Information.
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`20. On July 11, 2017, the DOJ announced that Nichicon Corporation had
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`agreed to plead guilty to conspiring with competitors to fix prices and rig bids for
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`electrolytic capacitors sold to customers in the United States and elsewhere. The DOJ’s
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`Information charged that Nichicon Corporation “knowingly joined and participated in the
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`charged conspiracy from at least as early as November 2001 until in or about December
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`2011.” The Information dated the conspiracy from “at least as early as September 1997”
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`until “in or about January 2014.” On November 9, 2017, Nichicon Corporation pleaded
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`guilty to conspiring to fix the prices of electrolytic capacitors as charged in the
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`Information.
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`21. On October 18, 2017, the DOJ announced that a federal grand jury
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`had returned an indictment against Nippon Chemi-Con Corporation. The DOJ’s
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`Information charged that Nippon Chemi-Con Corporation had “[f]rom at least as early as
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`September 1997 and continuing until in or about January 2004 … knowingly entered into
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`and engaged in a combination and conspiracy to suppress and eliminate competition by
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`Case 3:14-cv-03264-JD Document 1987 Filed 12/21/17 Page 9 of 80
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`fixing prices and rigging bids for electrolytic capacitors in the United States and
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`elsewhere.”
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`22.
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`In addition to the corporate defendants, the DOJ has also charged ten
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`of the Conspirators’ executives with conspiring to fix prices and rig bids for electrolytic
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`capacitors.
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`23. During
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`the Conspiracy Period, Plaintiff purchased Affected
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`Capacitors in the United States directly from certain Conspirators, and, as a result of the
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`Conspiracy, paid higher prices than would have prevailed in a competitive market.
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`Plaintiff thus has suffered damages as a consequence of the Conspiracy, and brings this
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`action to recover the overcharges it paid for the Affected Capacitors it purchased during
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`the Conspiracy Period.
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`II.
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`JURISDICTION AND VENUE
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`24.
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`Plaintiff brings this action to recover damages, including treble
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`damages under Section 4 of the Clayton Act, costs of suit, and reasonable attorneys’ fees
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`arising from Defendants’ price-fixing and bid-rigging in violation of Section 1 of the
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`Sherman Act (15 U.S.C. § 1).
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`25.
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`This Court has subject matter jurisdiction over this action pursuant to
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`Section 4 of the Clayton Act (15 U.S.C. §§ 15(a)) and 28 U.S.C. §§ 1331 and 1337.
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`26.
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`The activities of Defendants and their co-conspirators, as described
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`herein, involved U.S. import trade or commerce and/or were within the flow of, were
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`intended to, and did have a direct, substantial, and reasonably foreseeable effect on United
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`States domestic and import trade or commerce. This effect gives rise to Plaintiff’s
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`antitrust claims. During the Conspiracy Period, the Conspiracy directly and substantially
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`affected the price of Affected Capacitors purchased in the United States.
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`27.
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`This Court has jurisdiction over each Defendant named in this action
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`under Section 12 of the Clayton Act (15 U.S.C. § 22). In addition, Defendants and their
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`co-conspirators purposefully availed themselves of the laws of the United States as they
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`manufactured Affected Capacitors for sale in the United States, and their conspiratorial
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`conduct had a substantial effect on interstate and foreign trade and commerce.
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`28. Venue is proper in the District of Arizona under Section 12 of the
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`Clayton Act (15 U.S.C. § 22) and 28 U.S.C. § 1391(b), (c) and (d) because a substantial
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`part of the events giving rise to Plaintiff’s claim occurred in this District, a substantial
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`portion of the affected interstate trade and commerce was carried out in this District, and
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`one or more of the Defendants reside in this District, is licensed to do business in this
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`District, and/or transacts business in this District.
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`III. PARTIES
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`A.
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`Plaintiff
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`29.
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`Plaintiff, Avnet, Inc., is a New York corporation with its principal
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`place of business in Phoenix, Arizona. Plaintiff is a major U.S. distributor of electronic
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`components, including capacitors. Plaintiff directly purchased Affected Capacitors from
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`certain Conspirators during the Conspiracy Period, and has suffered antitrust injury as a
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`result of Defendants’ anticompetitive and unlawful conduct.
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`30. On October 17, 2016, Plaintiff acquired in whole Premier Farnell
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`PLC (“Premier Farnell”). Premier Farnell is a British corporation with its principal place
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`of business in Leeds, UK. Premier Farnell is a major global and U.S. distributor of
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`electronics components. Premier Farnell directly purchased Affected Capacitors from
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`certain Conspirators during the Conspiracy Period, and has suffered antitrust injury as a
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`result of Defendants’ anticompetitive and unlawful conduct.
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`31. Newark element14 is an Indiana corporation with its principal place
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`of business in Chicago, Illinois. Newark element14 is a wholly-owned subsidiary of
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`Premier Farnell. Newark element14 distributes electronics components throughout the
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`United States, Mexico, and Canada. Newark element14 directly purchased Affected
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`Capacitors from certain Conspirators during the Conspiracy Period, and suffered antitrust
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`injury as a result of Defendants’ anticompetitive and unlawful conduct.
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`Bilzin Sumberg Baena Price & Axelrod LLP
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`Case 3:14-cv-03264-JD Document 1987 Filed 12/21/17 Page 11 of 80
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`32.
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`Premier Farnell and Newark element14 have assigned to Plaintiff all
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`of their antitrust claims arising out of or related to their purchase of Affected Capacitors
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`during the Conspiracy period.
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`B.
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`Defendants
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`i. Hitachi
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`33. Defendant Hitachi Chemical Co., Ltd. (“Hitachi Chemical”), is a
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`Japanese corporation with its principal place of business located at Grantokyo South
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`Tower, 1-9-2, Marunouchi, Chiyoda-ku, Tokyo 100-6606, Japan. During the Conspiracy
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`Period, Hitachi Chemical manufactured, sold, and distributed aluminum, tantalum, and
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`film capacitors either directly or through its business units, subsidiaries, agents, or
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`affiliates to United States purchasers.
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`34. Defendant Hitachi AIC Inc. (“Hitachi AIC”), a Japanese corporation,
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`is a wholly-owned subsidiary of Hitachi Chemical with its principal place of business
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`located at 1065, Kugeta, Moka-Shi Tochigi 321-4521, Japan. During the Conspiracy
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`Period, Hitachi AIC—either directly or through its divisions, business units, subsidiaries,
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`agents, or affiliates—sold and distributed to United States purchasers aluminum, tantalum,
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`and film capacitors manufactured by its own business units, subsidiaries, agents, or
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`affiliates or those of its corporate parent, Hitachi Chemical.
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`35.
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`In or about December 2009, Hitachi AIC sold its tantalum and
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`niobium capacitors division to Defendant Holy Stone Enterprise Co., Ltd. The acquisition
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`was completed on or about April 1, 2010, and the tantalum and niobium capacitors
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`division was renamed Holy Stone Polytech Co., Ltd. (“Holy Stone Polytech”), a Japanese
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`corporation and wholly-owned subsidiary of Holy Stone Enterprise Co., Ltd.
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`36. Defendant Hitachi Chemical Co. America, Ltd. (“Hitachi Chemical
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`America”), a New York corporation, is a wholly-owned subsidiary of Hitachi Chemical
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`with its principal place of business located at 10080 North Wolfe Road, Suite SW3-200,
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`Cupertino, California 95014. During the Conspiracy Period, Hitachi Chemical America—
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`either directly or through its business units, subsidiaries, agents, or affiliates—sold and
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`Case 3:14-cv-03264-JD Document 1987 Filed 12/21/17 Page 12 of 80
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`distributed to United States purchasers aluminum and tantalum capacitors manufactured
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`by business units, subsidiaries, agents, or affiliates of its corporate parent, Hitachi
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`Chemical (including, without limitation, Hitachi AIC).
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`37. Defendants Hitachi Chemical, Hitachi AIC, and Hitachi Chemical
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`America are together referred to herein as “Hitachi.”
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`ii. ELNA
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`38. Defendant ELNA Co., Ltd. (“ELNA Co.”), is a Japanese corporation
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`with its principal place of business located at 3-8-11 Shin-Yokohama, Kohoku-ku,
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`Yokohama, Kanagawa Prefecture 222-0033, Japan. During the Conspiracy Period, ELNA
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`Co. manufactured, sold, and distributed aluminum, tantalum, and film capacitors either
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`directly or through its business units, subsidiaries, agents, or affiliates, to United States
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`purchasers.
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`39. Defendant ELNA America Inc., (“ELNA America”) a California
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`corporation, is a wholly-owned subsidiary of ELNA Co. with its principal place of
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`business located at 879 West 190th Street, Suite 100, Gardena, California 90248. During
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`the Conspiracy Period, ELNA America—either directly or through its business units,
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`subsidiaries, agents, or affiliates—sold and distributed to United States purchasers
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`aluminum, tantalum, and film capacitors manufactured by business units, subsidiaries,
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`agents, or affiliates of its corporate parent, ELNA Co.
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`40. Defendants ELNA Co. and ELNA America are together referred to
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`herein as “ELNA.”
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`iii. Matsuo
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`41. Defendant Matsuo Electric Co., Ltd. (“Matsuo”) is a Japanese
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`corporation with its principal place of business located at 3-5- Sennari-cho, Toyonaka-shi,
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`Osaka 561-8558, Japan. During the Conspiracy Period, Matsuo manufactured, sold, and
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`distributed aluminum, tantalum, and film capacitors either directly or through its business
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`units, subsidiaries, agents, or affiliates to United States purchasers.
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`iv. TOSHIN KOGYO
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`Case 3:14-cv-03264-JD Document 1987 Filed 12/21/17 Page 13 of 80
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`42. Defendant TOSHIN KOGYO Co., Ltd. (“TOSHIN KOGYO”) is a
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`Japanese corporation with its principal place of business at Tsukasa Bldg. 2-15-4,
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`Uchikanda Chiyoda-ku, Tokyo, Japan. During the Conspiracy Period, TOSHIN KOGYO
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`manufactured, sold, and distributed aluminum, tantalum, and film capacitors either
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`directly or through its business units, subsidiaries, agents, or affiliates, to United States
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`purchasers.
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`v. Holy Stone
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`43. Defendant Holy Stone Enterprise Co., Ltd. (“Holy Stone Enterprise”)
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`is a Taiwanese corporation with its principal place of business at 1 Floor, No. 62, Sec. 2,
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`Huang Shan Road, Nei Hu District, Taipei, Taiwan. During the Conspiracy Period, Holy
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`Stone Enterprise manufactured, sold, and distributed tantalum capacitors, either directly or
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`through its business units, subsidiaries, agents, or affiliates to United States purchasers.
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`44.
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`In or about December 2009, Holy Stone Enterprise publicly
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`announced its acquisition of Hitachi AIC’s tantalum and niobium capacitors division. The
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`acquisition was completed on or about April 1, 2010, and that division was operated under
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`the name of Holy Stone Polytech.
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`45. Defendant Milestone Global Technology, Inc. (“Milestone”)—which
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`does business as HolyStone International (“HolyStone International”), an entity which
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`Holystone Enterprise publicly claims to be a “subsidiary company” of Holy Stone
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`Enterprise and its “direct sales office for North America”—is a California corporation
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`with its principal place of business located at 27475 Ynez Road #288, Temecula,
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`California 92591.
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`46.
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`From in or about December 2009, Milestone, doing business as
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`HolyStone International—either directly or through its business units, subsidiaries, agents,
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`or affiliates—sold and distributed to United States purchasers tantalum capacitors
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`manufactured by business units, subsidiaries, agents, or affiliates of its corporate parent,
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`Holy Stone Enterprise (including, without limitation, Holy Stone Polytech).
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`47. Holy Stone Enterprise, Holy Stone Polytech and Milestone, doing
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`business as HolyStone International, are together referred to herein as “Holy Stone.”
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`vi. Okaya
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`48. Defendant Okaya Electric Industries Co., Ltd. (“Okaya Co.”) is a
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`Japanese corporation with its principal place of business located at 16-9, Todoroki 6
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`chome, Setagaya-ku, Tokyo 158-8543, Japan. During the Conspiracy Period, Okaya Co.
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`manufactured, sold, and distributed film capacitors either directly or through its business
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`units, subsidiaries, agents, or affiliates to United States purchasers.
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`49. Defendant Okaya Electric America Inc. (“Okaya America”), an
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`Indiana corporation, is a wholly-owned subsidiary of Okaya Co. with its principal place of
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`business located at 52 Marks Road, Suite 1, Valparaiso, Indiana 46383. During the
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`Conspiracy Period, Okaya America—either directly or through its business units,
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`subsidiaries, agents, or affiliates—sold and distributed to United States purchasers film
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`capacitors manufactured by business units, subsidiaries, agents, or affiliates of its
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`corporate parent, Okaya Co.
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`50. Defendants Okaya Co. and Okaya America are together referred to
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`herein as “Okaya.”
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`vii. Taitsu
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`51. Defendant Taitsu Corporation (“Taitsu Corp.”) is a Japanese
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`corporation with its principal place of business located at 2-23-20, Kizuki, Nakahara-ku,
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`Kawasaki, Kanagawa 211-0025, Japan. During the Conspiracy Period, Taitsu Corp.
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`manufactured, sold, and distributed film capacitors either directly or through its business
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`units, subsidiaries, agents, or affiliates to United States purchasers.
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`52. Defendant Taitsu America, Inc. (“Taitsu America”), a California
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`corporation, is a wholly-owned subsidiary of Taitsu Corp. with its principal place of
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`business located at 6160 Mission Gorge Road, Suite 100, San Diego, California 92120.
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`During the Conspiracy Period, Taitsu America—either directly or through its business
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`units, subsidiaries, agents, or affiliates—sold and distributed to United States purchasers
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`1450 Brickell Avenue, Suite 2300
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`Bilzin Sumberg Baena Price & Axelrod LLP
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`

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`Case 3:14-cv-03264-JD Document 1987 Filed 12/21/17 Page 15 of 80
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`film capacitors manufactured by business units, subsidiaries, agents, or affiliates of its
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`corporate parent, Taitsu Corp.
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`53. Defendants Taitsu Corp. and Taitsu America are together referred to
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`herein as “Taitsu.”
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`viii.
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`Shinyei
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`54. Defendant Shinyei Kaisha (“Shinyei Kaisha”)
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`is a Japanese
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`corporation with its principal place of business located at 77-1 Kyomachi, Chuo-ku, Kobe
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`651-0178, Japan. During the Conspiracy Period, Shinyei Kaisha manufactured, sold, and
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`distributed film capacitors either directly or through its business units, subsidiaries, agents,
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`or affiliates to United States purchasers.
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`55. Defendant Shinyei Technology Co., Ltd. (“Shinyei Tech”) is a
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`Japanese corporation and a corporate affiliate of Shinyei Kaisha with its principal place of
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`business located at 77-1 Kyomachi, Chuo-ku, Kobe 651-0178, Japan. Until February
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`2011, Shinyei Tech—either directly or through its business units, subsidiaries, agents, or
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`affiliates—manufactured, sold, and distributed to United