Dr Rachael Kent’s over £1.5bn collective action against Apple for alleged overcharging in relation to the Apple App Store will go to trial on 6 January 2025. The Competition Appeal Tribunal has confirmed the trial will run for eight weeks, with the first week reserved as a reading week. Hearings will commence on 13 January 2025 at the Competition Appeal Tribunal, Salisbury Square House, 8 Salisbury Square, London EC4Y 8AP.
The claim, which seeks compensation for millions of UK consumers and businesses, alleges that Apple breached competition law by abusing its dominant position through its conduct relating to its App Store. According to the claim, Apple has excluded competition and charged unfairly high commissions of up to 30% on app and in-app purchases (including subscriptions) made on iPhones and iPads.
Dr Kent has issued a revised Trial Hearing Notice, available here, which confirms the trial schedule and provides further information about the case. For more information on the claim, visit www.appstoreclaims.co.uk/Apple. Class members are encouraged to check the website for updates about the claim, including access to Tribunal orders and further guidance. The Notice can also be found in the “Documents” section of the claim website.
For those interested in observing the trial, it will be open to the public both in person and online via the Tribunal’s website. A “Watch Now” link will be available under the Diary section on the Tribunal’s homepage (www.catribunal.org.uk) on the trial commencement date.
Further information on the claim
The legal claim applies to purchases made on many popular apps on iPhones and iPads, including Fortnite, YouTube and Tinder. It does not apply to apps providing “physical goods or services that will be consumed outside of the app”. These include Deliveroo and Uber, which are not required to use Apple’s payments system or pay Apple the disputed 30% commission on every purchase of and/or within their apps.
Affected app purchasers, on whose behalf the collective action is brought, will not pay costs or fees to participate in this legal action, which is being funded by Vannin Capital, a global litigation funder. The action is insured, which means that class members have no financial risk in relation to the claim.
Dr Kent is represented by Lesley Hannah, Sofie Edwards, Kio Gwilliam, Emma Poland, Jonathan Amior, Natalie Jukes, Jake Henderson, Abigail Masters and Kazi Elias at law firm Hausfeld & Co. LLP, with barristers Mark Hoskins KC and Matthew Kennedy from Brick Court Chambers, and Tim Ward KC, Michael Armitage and Antonia Fitzpatrick from Monckton Chambers
About Hausfeld & Co. LLP
Hausfeld is a leading international law firm specialising in competition law, with significant expertise in all aspects of collective redress and group claims.
