This is the official website In re Korean Noodles Antitrust Litigation, Case No. 3:13-CV-4115-WHO-DMR (N.D. Cal.). This is a class action lawsuit involving the price of Korean Noodles purchased directly or indirectly from the Defendants Samyang Foods Co., Ltcl, Nong Shim Co., Ltd., Nongshim America, Inc., Ottogi Co., Ltd., and Ottogi America, Inc. ("Defendants") that was brought in the United States District Court for the Northern District of California. The lawsuit alleged that Defendants engaged in illegal price fixing with respect to the sale of Korean Noodles and that as a result, any person or entity that purchased Korean Noodles directly or indirectly from any Defendant, during the Direct Purchaser Class Period or Indirect Purchaser Class Period paid a higher price than they would have otherwise paid in a competitive market.
In August of 2016, the Court approved a settlement agreement between the Plaintiffs and Samyang Foods Co., Ltd., that required Samyang to pay $1.5 million and provide certain evidence to Plaintiffs that was relevant to their claims in the litigation. The case continued against the remaining Defendants, and was tried to a jury in November and December of 2018. The jury returned a verdict in favor of the Defendants, and Plaintiffs did not appeal.
Plaintiffs have filed or intend to file motions to distribute the portions of the Samyang Settlement Fund that were not applied to litigation expenses and notice & administrative costs. When filed, they will be posted on this site with the Case Documents for the DPP Class and for the IPP Class, respectively.
The Court has certified the following Direct Purchaser Class:
All persons and entities in the United States and its territories who purchased Korean Noodles directly from Defendants Nong Shim Co., Ltd., Nongshim America, Inc., Ottogi Co., Ltd., or Ottogi America, Inc. at any time from April 1, 2003 through January 31, 2010.
The Direct Purchaser Class excludes the Defendants, Samyang Foods Co., Ltd., Samyang (USA), Inc., Korea Yakult, Co., Ltd., Paldo Co., Ltd. and any of their current or former parents, subsidiaries or affiliates. The Class Also excludes all judicial officers presiding over this action and their immediate family members and staff, and any juror assigned to this action.
For more information regarding Direct Purchasers, click here.
The Court has certified the following Indirect Purchaser Class (also called retail purchasers):
All persons and entities that purchased Korean Noodle Products in Arizona, California, Florida, Hawaii, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oregon, Tennessee, Utah, Vermont, West Virginia, and Wisconsin, and the District of Columbia for their own use and not for resale, from March 1, 2003 through January 31, 2010.
Specifically excluded from this class are any Defendant; the officers, directors, or employees of any Defendant; any entity in which any Defendant has a controlling interest; and any affiliate, legal representative, heir, or assign of any Defendant. Also excluded are the judicial officers to whom this case is assigned and any member of such judicial officers’ immediate family.
For more information regarding Indirect Purchasers, click here.
YOUR LEGAL RIGHTS AND OPTIONS:
If you are a member of the Direct Purchaser Class as described above and wish to participate in the distribution and receive your share of the remaining Settlement Fund, you must submit a Claim Form by November 13, 2019. The Claims Filing Deadline has now passed.