OT Computers Limited (In Liquidation) v (1) Infineon Technologies AG and (2) Micron Europe Limited

Osborne Clarke's competition litigation team have successfully resisted applications for permission to appeal to the Supreme Court by the Defendants in the cartel damages claim by OT Computers Limited against Infineon Technologies and Micron Europe.

Osborne Clarke act for OT Computers Limited, the claimant (represented by Nick Wood, insolvency practitioner at Grant Thornton UK LLP) in the proceedings.

OT Computers, a former computer manufacturer which traded under the Tiny Computers brand, seeks damages relating to a cartel for the sale of DRAM computer memory.  Following settlements with some defendants, Infineon and Micron challenged the claim on limitation grounds claiming that the claims could have been brought earlier, prior to the European Commission's decision and fines relating to the cartel.  OT Computers was previously successful in defending this application in the Commercial Court and the Court of Appeal.  Now that the Supreme Court has rejected the appeal, the claims can continue towards judgment in the Commercial Court.

The Osborne Clarke team of Penny Coombs, Lisa Oakley and Siubhan Macdonald is led by litigation partner Andrew Bartlett.

Law firms Slaughter and May and Allen & Overy represent the defendants.

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