Gemalto Holding BV & Ors v Infineon Technologies Ag & Ors [2022] EWCA Civ 782 (10 June 2022)

Gemalto Holding BV & Ors v Infineon Technologies Ag & Ors [2022] EWCA Civ 782 (10 June 2022)

Time begins to run for limitation purposes in a deliberate concealment case when the claimant recognises it has a worthwhile claim, which arises when a reasonable person could have a reasonable belief that there had been a cartel. The issuance of a Statement of Objections by the European Commission, combined with...

Source-derived case information.

Citation
[2022] EWCA Civ 782
Parties
Claimant/appellant: Gemalto Holding BV; Claimant/appellant: Thales DIS France SA and 13 others; Defendant/respondent: Infineon Technologies AG; Defendant/respondent: Infineon Technologies UK Limited; Defendant/respondent: Renesas Electronics Corporation; Defendant/respondent: Renesas Electronics Europe Limited; Defendant/respondent: Renesas Electronics Europe GmbH
Jurisdiction
England and Wales
Judgment Date
10 June 2022
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Limitation Periods, Deliberate Concealment, Cartel Damages Claims, Section 32 Limitation Act 1980, Discovery of Cause of Action
Competition Law Limitation Law Civil Procedure Limitation Periods Deliberate Concealment Cartel Damages Claims Section 32 Limitation Act 1980 Discovery of Cause of Action

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Parties

Gemalto Holding BV

Claimant/appellant

Thales DIS France SA and 13 others

Claimant/appellant

Infineon Technologies AG

Defendant/respondent

Infineon Technologies UK Limited

Defendant/respondent

Renesas Electronics Corporation

Defendant/respondent

Renesas Electronics Europe Limited

Defendant/respondent

Renesas Electronics Europe GmbH

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 When does the limitation period begin to run for a cartel damages claim where facts have been deliberately concealed?
  2. 2 Does the issuance of a Statement of Objections by the European Commission provide sufficient knowledge to start time running under section 32(1)(b) of the Limitation Act 1980?
  3. 3 Is knowledge of the period of the cartel required for time to run?

Ratio Decidendi

Time begins to run for limitation purposes in a deliberate concealment case when the claimant recognises it has a worthwhile claim, which arises when a reasonable person could have a reasonable belief that there had been a cartel. The issuance of a Statement of Objections by the European Commission, combined with other available information, provided Gemalto with sufficient knowledge to have such a belief and to embark on the preliminaries to litigation. Therefore, the limitation period began at least by the end of April 2013, making Gemalto's claim, issued in July 2019, statute barred.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Gemalto is dismissed.