Indirect Purchaser Plaintiffs Defeat Defendants’ Partial Summary Judgment Motion


May 30, 2023

Robins Kaplan LLP is pleased to announce that on May 22, 2023, the U.S. District Court for the Northern District of California denied Defendants’ motion for partial summary judgment regarding foreign commerce in full.

“This decision marks a resounding victory for end-user plaintiffs, and we look forward to the Court certifying our proposed classes in the near future,” said William Reiss, a partner at Robins Kaplan who serves as co-lead counsel along with Zelle LLP.

The lawsuit alleges that manufacturers of Hard Disk Drive (HDD) Suspension Assemblies conspired to fix prices and allocate markets. HDD Suspension Assemblies are a necessary component of HDDs, a commonly used data storage device used on its own or in computers and large servers.

Defendants TDK and NHK sought partial summary judgment against two putative classes of Indirect Purchaser Plaintiffs (end-user plaintiffs and reseller plaintiffs), arguing that because the initial sale of HDD suspension assemblies took place outside of the United States, Defendants’ conduct was outside the reach of the U.S. state competition and consumer protection laws of 29 states. The Court rejected Defendants’ argument allowing Indirect Purchasers to move one step closer to vindicating their rights at trial.

Following this victory, Robins Kaplan along with its co-lead counsel Zelle LLP will continue to vigorously pursue recovery on behalf of the putative end-user class for overcharges incurred as a result of Defendants’ allegedly anticompetitive conduct.

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