Granville Technology Group Ltd & Ors v Infineon Technologies AG & Anor

Granville Technology Group Ltd & Ors v Infineon Technologies AG & Anor

The claims of Granville Technology Group Limited and VMT Limited against Infineon Technologies AG and Micron Europe Limited are time-barred because, with reasonable diligence, they could have discovered sufficient facts to plead a viable claim more than six years before proceedings were commenced. The claim of OT...

Source-derived case information.

Parties
Claimant: Granville Technology Group Limited (in liquidation); Claimant: VMT Limited (in liquidation); Claimant: OT Computers Limited (in liquidation); Defendant: Infineon Technologies AG; Defendant: Micron Europe Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2020
Procedural Posture
Commercial Claim / Trial of Preliminary Issues
Outcome
Claims of Granville Technology Group Limited and VMT Limited against Infineon Technologies AG and Micron Europe Limited are time-barred; claim of OT Computers Limited is not time-barred.
Legal Topics
Price Fixing Cartel, Deliberate Concealment, Limitation Period, Follow on Damages, Article 101 TFEU, Competition Act 1998, Constructive Knowledge, Reasonable Diligence
Competition Law Limitation Law EU Law Price Fixing Cartel Deliberate Concealment Limitation Period Follow on Damages Article 101 TFEU +3 more

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Parties

Granville Technology Group Limited (in liquidation)

Claimant

VMT Limited (in liquidation)

Claimant

OT Computers Limited (in liquidation)

Claimant

Infineon Technologies AG

Defendant

Micron Europe Limited

Defendant

Procedural Posture

Commercial Claim / Trial of Preliminary Issues

  1. 1 Whether the claimants' claims against Infineon Technologies AG and Micron Europe Limited are time-barred under the Limitation Act 1980
  2. 2 Whether section 32(1)(b) Limitation Act 1980 postpones the limitation period due to deliberate concealment
  3. 3 Whether the claimants could with reasonable diligence have discovered the facts necessary to plead a viable claim

Ratio Decidendi

The claims of Granville Technology Group Limited and VMT Limited against Infineon Technologies AG and Micron Europe Limited are time-barred because, with reasonable diligence, they could have discovered sufficient facts to plead a viable claim more than six years before proceedings were commenced. The claim of OT Computers Limited is not time-barred, as it was not reasonably on notice of matters requiring investigation and could not with reasonable diligence have discovered the necessary facts.

Court Disposition

Claims of Granville Technology Group Limited and VMT Limited against Infineon Technologies AG and Micron Europe Limited are time-barred; claim of OT Computers Limited is not time-barred.

Orders

  • First and Second Claimants’ claims against the First Defendant are time-barred.
  • Third Claimant’s claim against the First Defendant is not time-barred.