Gemalto Holding BV & Ors. v Infineon Technologies AG & Ors.

Gemalto Holding BV & Ors. v Infineon Technologies AG & Ors.

Applying the FII test, limitation begins to run in deliberate concealment cases when the claimant recognises it has a worthwhile claim, which occurs when a reasonable person could have a reasonable belief that there had been a cartel and the identity of participants, even without knowing all details. The Statement of Objections and RFIs provided Gemalto with sufficient knowledge by April 2013 to plead a claim, so the claim issued in July 2019 was statute barred.

Parties
Claimant/appellant: Gemalto Holding BV; Claimant/appellant: Thales DIS France SA; 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 / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Statute of Limitation, Deliberate Concealment, Cartel Damages, EU Competition Law, Discovery of Cause of Action
Competition Law Limitation Law Statute of Limitation Deliberate Concealment Cartel Damages EU Competition Law Discovery of Cause of Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

Gemalto Holding BV

Claimant/appellant

Thales DIS France SA

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 / Appeal From High Court Judgment

Legal Issues

  1. 1 When does the limitation period begin to run in a cartel damages claim involving deliberate concealment?
  2. 2 Is knowledge of a Statement of Objections sufficient to trigger limitation?
  3. 3 Does the claimant need to know the precise period of the cartel for limitation to run?

Ratio Decidendi

Applying the FII test, limitation begins to run in deliberate concealment cases when the claimant recognises it has a worthwhile claim, which occurs when a reasonable person could have a reasonable belief that there had been a cartel and the identity of participants, even without knowing all details. The Statement of Objections and RFIs provided Gemalto with sufficient knowledge by April 2013 to plead a claim, so the claim issued in July 2019 was statute barred.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.