Digital Dealer - November 2019 - 3

Legal Notice

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
In re Automotive Parts Antitrust Litigation, No. 12-md-02311
If You Are an Automobile Dealership that Purchased New Vehicles or Purchased Certain Parts for a Vehicle in the U.S. Since 1990
You Could Receive Money From Settlements of Class Actions
Lawsuits involving the prices of certain vehicle component parts have been settled with certain Defendants in various class actions in this litigation ("Settling
Defendants"). The Settling Defendants are identified below. The cases are separate class actions within the lead case known as In re Automotive Parts Antitrust Litigation,
12-md-02311 (E.D. Mich.), which is currently before United States District Judge Marianne O. Battani.
You can make a claim for money benefits if you are an automobile dealership that indirectly purchased certain component parts and/or purchased new vehicles
containing these parts ("Dealer") in the District of Columbia or 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.
These Settlements may affect your rights. Read on for more information.
What Are The Lawsuits About?
The separate lawsuits claim that the Defendants in each lawsuit engaged in unlawful agreements that had the effect of impacting the price of certain vehicle component parts. The
lawsuits claim that, as a result of the relevant Defendants' conduct, Dealers paid more than they should have for the parts at issue 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 states listed in this Notice and the District of Columbia. The lawsuits also seek nationwide
injunctive relief. Although the Settling Defendants have agreed to settle, the Settling Defendants and certain affiliates deny that they engaged in any wrongdoing or are liable and
owe any money or benefits to Plaintiffs. The Court has not yet decided who is right. The Settling Defendants have settled to avoid the cost and risk of trials.
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 Dealer class actions. 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.
Who's Included In 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 ("Settlement Classes") approved by
Judge Battani. The class definitions are set forth in the full-length Notice, which is available at www.AutoDealerSettlement.com. The term "Dealer" or "dealership" means an entity
or person authorized to engage in the business of selling and / or leasing new vehicles at retail in the United States. A list of the parts included in these Settlements and their
manufacturers can be found at www.AutoDealerSettlement.com.
Who Are The Settling Defendants?
A list of the Defendants involved in this Notice, their affiliates, and the alleged co-conspirators for each case involving the parts described in the Settlement Class definitions
and settlement agreements is available at www.AutoDealerSettlement.com.
What Do The Settlements Provide?
Dealers in the United States who indirectly purchased certain component parts and/or purchased new vehicles containing these component parts, listed in the Settlement Class
definitions, in the states listed in this Notice or the District of Columbia may receive money benefits from the Settlements. Dealers in the United States who indirectly purchased
certain component parts and/or purchased new vehicles containing these component parts, listed in the Settlement Class definitions, may receive other, non-monetary benefits from
the Settlements as explained in further detail at www.AutoDealerSettlement.com.
The settlement funds (the "Settlement Funds") for Dealers in these Settlements total at least $88 million. A table detailing the respective Settlements and the parts involved can be
found in the full-length Notice, which is available at www.AutoDealerSettlement.com. The amount of money your dealership may receive, if any, will depend upon where the
dealership purchased the affected vehicles or component parts, the type and quantity of vehicles and parts the dealership purchased in the states listed above and the District of
Colombia, and the total number of claims made by eligible Dealers. Attorneys' fees and expenses and class representative awards will be requested and may be awarded by the
Court.
Under all of the Settlements, the Settling Defendants will provide certain cooperation in the Dealers' continuing litigation against the Non-Settling Defendants. Some of the settlement
agreements give the Settling Defendants the right to reduce the amount they are required to pay and/or to withdraw from their respective Settlements in the event that certain
percentages of Settlement Class members elect to exclude themselves from the respective Settlement(s). The final judgments and/or settlement agreements with respect to certain of
the Settling Defendants will provide for additional non-monetary relief in the form of an agreement not to engage in certain conduct with respect to the identified parts for a period
of two years from the date of entry of the final judgment. These terms are all contained in the proposed final judgments and/or settlement agreements relating to these Settling
Defendants, and may also be viewed at www.AutoDealerSettlement.com.
What Are My Rights And Options?
1. File a Proof of Claim to participate in the Settlements
If your dealership filed a valid Proof of Claim in either of the first three rounds of dealership 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.
To remain in the Settlement Classes, you do not need to take any further action at this time. However, to share in the Settlement Funds, and only if your dealership did
not submit a Proof of Claim form in the prior dealership settlements in this litigation, your dealership must submit a Proof of Claim form that is available at
www.AutoDealerSettlement.com. Proof of Claim forms must be filed by midnight Eastern Standard time on April 17, 2020 at www.AutoDealerSettlement.com or sent via USPS
Mail, postmarked by April 17, 2020 to: Auto Dealer Settlement Administrator, PO Box 404000, Louisville, KY 40233-4000
If you choose the File a Proof of Claim option, your dealership will share in the net proceeds of the Settlement Funds if: (1) your dealership's Proof of Claim is timely and valid; (2)
your dealership is entitled to a distribution under the Plans of Allocation that have been or will be approved by the Court; and (3) the proposed Settlements are finally approved by
the Court. Your dealership will be bound by the judgments and releases to be entered by the Court as described in the full-length Notice.
2. Opt your dealership out of the Settlements
If your dealership does not want to be included in one or more of the settlements (as defined in the full-length Notice), it may request to be excluded. A list of the settlements can be
found at www.AutoDealerSettlement.com. If your dealership timely submits a valid request for exclusion, it will not share in the Settlement Funds from the corresponding
Settlement, and it will not be bound by the corresponding Judgment(s). It will then be your dealership's responsibility to pursue any of the claims that it preserves by opting out of
one or more of the Settlement Classes. To be valid, the request for exclusion / opt out must follow the instructions set forth in the full-length Notice and be postmarked by November
22, 2019. The full instructions and requirements for opting out may be viewed at www.AutoDealerSettlement.com.
3. Object to the Settlements
If your dealership wishes to object to one or more of the Settlements or the request for attorney's fees, expenses, and service awards, it may (as discussed below) write to the Court
and counsel about why it objects. It is possible that the Settlements and request for fees, expenses, and service awards will be approved despite your objection. To be considered,
your dealership's objection must be filed according to the procedures set forth in the full-length Notice and postmarked no later than November 22, 2019. The full instructions and
requirements for objecting to one or more of the Settlements may be viewed at www.AutoDealerSettlement.com.
4. Attend the Final Approval Hearing
The Court will hold a Final Approval Hearing on December 10, 2019 at 10:00 a.m. 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 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. To request to speak at the Final Approval Hearing,
you must follow the procedures set forth in the full-length Notice no later than November 29, 2019.
This notice is a summary only. The complete terms, including the definitions of what parties and claims are being released are set forth in the full-length Notice, settlement
agreements, and the Court filings which may be obtained at www.AutoDealerSettlement.com.

For More Information, Contact the Settlement Administrator Toll Free at (888) 565-3171 or Visit www.AutoDealerSettlement.com.

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Digital Dealer - November 2019

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