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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the claimants' claims against Infineon Technologies AG and Micron Europe Limited are time-barred under the Limitation Act 1980
- 2 Whether section 32(1)(b) Limitation Act 1980 postpones the limitation period due to deliberate concealment
- 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.
Full Case Text
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