The defendants brought motions for summary judgment to dismiss a proposed class action alleging a price-fixing conspiracy regarding liquid crystal display (LCD) panels.
The defendants argued the claims were statute-barred under the Limitations Act, 2002 and the Competition Act, and constituted an abuse of process.
The court dismissed the motions, finding that there were genuine issues requiring a trial regarding when the plaintiff knew or ought to have known of the claims (discoverability).
The court also held that the discoverability principle applies to the limitation period in s. 36(4) of the Competition Act.
