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UK Competition Court Throws Out Google’s Challenge to £7Bn Consumer Lawsuit, Paving Way for Full Court Showdown

By Harry Moran |

The UK Competition Appeal Tribunal (CAT) has certified the £7 billion claim against Google brought by Nikki Stopford, a consumer rights campaigner, on behalf of tens of millions of UK consumers – rejecting Google’s attempt to torpedo the claim early, and adding to the Big Tech firm’s legal and regulatory woes.

The specialist UK court will require Google to defend its longstanding conduct in the search engine market, after approving the landmark legal action brought by Nikki Stopford and legal firm Hausfeld & Co LLP.

The claim accuses Google of exploiting its dominance in the search market to increase advertising costs, which were ultimately passed on to consumers. With certification now secured, millions of UK consumers are poised to pursue compensation for the economic harm caused by Google’s conduct.

The CAT’s decision is the latest in a series of setbacks for Google’s parent company Alphabet, which is fighting to preserve its all-important dominance in online search globally. Earlier this month, the US Department of Justice (DoJ) proposed that the US courts should force Google to sell its Chrome web browser, prohibiting Google from entering into agreements that make it the default search engine on smartphones and browsers, and additional restrictions to ensure its Android smartphone software does not favour Google Search.

The full CAT judgment can be viewed here. The UK court dismissed Google’s arguments in full, including its attempt to have the claim struck out. The CAT held that Ms Stopford had put forward a serious case and authorised her to act as the class representative and permitted the claim to proceed to trial.

Following the CAT’s certification, Ms Stopford will represent all UK-domiciled consumers aged 16 years or over who, during the period from 1 January 2011 until 7 September 2023 (inclusive), purchased goods and/or services from a business selling in the UK, which used search advertising services provided by Google. The action is being brought as an opt-out collective action, meaning that everyone in the UK affected is automatically included as a claimant in the case unless they opt out.

The case against Google

The collective action argues that Google used its dominant position in the UK search engine market to overcharge advertisers and that these costs were then passed directly on to the consumer.

Google forced mobile phone handset manufacturers to pre-install the Google Search and Google Chrome browser apps on devices that used Google’s Android operating system; and

Google paid billions to Apple to ensure that Google was the default search engine on all devices, such as the iPhone, that used Apple’s iOS operating system.

Other proceedings

The DoJ action follows a long legal fight brought by the DoJ and several Attorneys General in the US, culminating in a judgment in August 2024 by the District Court of Columbia, which found that Google’s conduct is anti-competitive and unlawful.

This judgment also supports Nikki Stopford’s claim that Google’s commercial agreement with Apple foreclosed the market for search on iOS devices, as do recent findings by the UK Competition and Markets Authority.

Meanwhile, the European Commission imposed the biggest fine in history on Google for the anti-competitive practices in Android.

It is alleged that the abuses by Google are possible because Google is set as the default search engine account for at least 94% of the mobile device sector, by usage. Google Ads generated over $224 billion in revenue in 2022, accounting for almost 80% of parent company Alphabet’s revenue ($283 billion in 2022).

Nikki Stopford, the class representative in the action, said:

“This green light from the tribunal is a significant victory for UK consumers. Almost everybody uses Google as their go-to search engine, trusting it to deliver quality results at no cost. But its service isn’t genuinely free because its dominance has resulted in increased costs for consumers. Google has been warned repeatedly by competition regulators. Yet it continues to rig the market to charge advertisers more, which raises the prices they charge consumers. This action seeks to promote healthier competition in digital markets, and to hold Google accountable and ensure that consumers are compensated for the harm caused by its conduct.”

Luke Streatfeild, Partner at legal firm Hausfeld & Co LLP, who is leading the litigation, said:

“This judgment is good news for UK consumers, as the case for compensation brought by our client on their behalf can now proceed to trial. The judgment is also helpful in clarifying the standard for assessing exclusionary conduct by dominant companies, in particular in digital markets with high barriers to entry, and it will be a useful reference point in future cases that aim to promote fairer competition and better outcomes for consumers in those marketplaces.”

Further information

The certified claim against Google is being brought at the CAT against Alphabet Inc., Google LLC, Google Ireland Limited and Google UK Limited under CAT Claim No. 1606/7/7/23.

Who is eligible to be part of the claim?

All that is necessary is that a consumer purchased goods or services from a business who advertised using search advertising services provided by Google. It is not necessary for them to have seen the goods or services advertised on Google or used Google to purchase the goods or services. This is because the claim says that these higher prices affected all a business’ products if it advertised on Google.

Those who are interested in finding out more about the claim and signing up for regular updates should visit www.searchclaim.co.uk.

About the class representative

Nikki Stopford is co-founder of Consumer Voice and brings 25 years of experience in advocating and raising industry standards for consumers. She is Chair of the British Standard Institute’s Consumer Forum and a member of its Standards Policy and Strategy Committee. She has held executive leadership roles running successful digital and content-led consumer-facing businesses that have engaged and advocated for millions of consumers. Most notably, she was Group Director of Research and Publishing at Which? – the UK’s largest consumer organisation – for more than 10 years.

Additional notes

Affected claimants, on whose behalf the class action is brought, will not pay costs or fees to participate in this legal action, which is being funded by global commercial litigation funder Hereford Litigation. The action is insured, which means that class members have no adverse cost risk in relation to the claim.

Ms Stopford is represented by:

  • Hausfeld & Co. LLP, Partners Luke Streatfeild and Simon Bishop, supported by Counsel Jonothan Broadbent and Stella Gartagani, Associates Natalie Jukes, Ginevra Bicciolo and Lisa Amrani and paralegals Martha Papapostolou and Alice Caroff
  • Charles Rivers Associates, Oliver Latham, Vice President, supported by Director Sam Marden and Senior Associate Liam Connolly
  • Rosamilia Consulting, Davide Rosamilia, co-founder and principal consultant
  • Ben Lask KC of Monckton Chambers
  • Daniel Jowell KC and Colin West KC, both of Brick Court Chambers
  • Mehdi Baiou and (formerly) Andrew Lomas, both of One Essex Court.

About the author

Harry Moran

Harry Moran

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Burford Capital Announces 2025 Investor Day

By Harry Moran and 4 others |

Burford Capital Limited ("Burford" or the "Company"), the leading global finance and asset management firm focused on law, today announces it will host an Investor Day on Thursday, April 3, 2025, in New York City, which will also be webcast live and available for replay. The presentation is scheduled to begin at 9.00am EDT.

Led by Burford's executive management team and other key leaders, the event will provide a comprehensive strategic update on Burford's business and will also serve as an immersive introduction for investors and analysts who are new to the Company.

About Burford Capital

Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR), and it works with companies and law firms around the world from its offices in New York, London, Chicago, Washington, DC, Singapore, Dubai and Hong Kong.For more information, please visit www.burfordcapital.com.

Counsel Financial Unveils Revamped Website, Modern Branding and Expanded Product Offerings

By Harry Moran and 4 others |

Counsel Financial, the nation's leading provider of financing solutions exclusively for plaintiff law firms, is proud to announce the launch of its newly redesigned website and updated branding. The refreshed branding underscores the company's commitment to providing accessible capital solutions to the plaintiffs' bar while highlighting its expanded scope of services offered to capital providers who invest in law firms focused on contingent-fee litigation.

The updated website, CounselFinancial.com, features a streamlined design, enhanced functionality, and includes new sections detailing the company's tech-enabled, end-to-end solutions for banks and investment funds. Visitors can now explore the site with ease, accessing detailed information on Counsel Financial's array of financing solutions, resources and success stories from law firms nationwide.

"Counsel Financial has always been a pioneer in the legal funding space and this rebrand reflects our evolution while staying true to our mission of empowering plaintiff firms to achieve financial stability and success," said Paul Cody, CEO. "The new website represents our commitment to growth, accessibility and continuing to be the trusted partner for law firms and capital providers."

Unmatched Servicing Expertise

A standout feature of Counsel Financial's offerings is its comprehensive servicing capabilities, designed to meet the complex needs of capital providers investing in law firm financing. With expertise in collateral monitoring and case valuation, Counsel Financial provides unparalleled servicing for portfolios secured by contingent fee interests. The company's proprietary systems and dedicated team ensure accurate case tracking, timely reporting, and proactive management of legal fee receivables. Partnering with Counsel Financial allows capital providers to tap into the company's 25 years of legal funding expertise, enabling them to maximize portfolio performance and mitigate risk effectively.

A Legacy of Innovation

Founded by attorneys for attorneys, Counsel Financial has provided over $1.5 billion in loans to plaintiff law firms since its inception. The company's industry expertise, combined with its commitment to client success, has positioned it as a trusted partner for firms looking to grow their practices and manage financial hurdles effectively.

Visit CounselFinancial.com to explore the new website, learn more about the expanded product offerings, and discover how Counsel Financial can help your firm achieve its goals.

About Counsel Financial

Counsel Financial is the premier litigation financing company in the U.S., founded by attorneys in 2000. We operate with the belief that opportunities should never be limited by resources. Counsel Financial is dedicated to helping law firms and capital providers succeed and grow together in the evolving world of contingency-fee litigation.

Arena Investors, LP and Fort Morgan Capital Partner to Launch $50 Million Litigation Finance Venture

By Harry Moran |

Arena Investors, LP ("Arena") and Fort Morgan Capital, a subsidiary of SimpleCITI Companies ("SimpleCITI"), are proud to announce the launch of a $50 million joint venture ("JV") focused on providing law firm finance solutions for US law firms. Targeting growth financing between $1 million to $15 million, the JV will offer capital secured by the value of a law firm's aggregate legal assets (cases).  Patrick Shannon will lead JV operations with a focus on diligence, underwriting, servicing, and originations.

About the Joint Venture

The JV has already started deploying capital, with the goal of delivering $50 million in tailored financing solutions.  Capital will be utilized to navigate growth by scaling operational infrastructure and investments in marketing.  This comprehensive approach ensures that law firms can focus on achieving successful outcomes without the financial strain of upfront costs.

Arena has a long history in legal asset investments, including its principals having helped build some of the earlier litigation finance platforms dating back to the late 1990s.  SimpleCITI builds on a proven track record of leadership and innovation across diverse industries, establishing itself as a trusted partner in solving complex financial challenges. Together, Arena and SimpleCITI leverage their unparalleled expertise to redefine client-focused solutions in litigation finance."

Strategic Collaboration

Arena Managing Director, Victor Dupont, noted that "Arena is very excited to expand and build upon our nearly decade-long relationship and successful track record with Patrick in this new joint venture.  Fort Morgan Capital will serve a critical role in working with select legal practices and market participants in navigating liquidity challenges amid this fluctuating market, while also promoting sustainable operational and marketing growth."

"This JV represents a strategic milestone for Fort Morgan Capital," said a SimpleCITI spokesperson. "By partnering with Arena, we're unlocking new opportunities for law firms to grow sustainably while maintaining financial stability.  This venture underscores our commitment to innovation and value creation in the litigation finance space."

Pat Shannon added, "Our focus on episodic opportunities within litigation finance aligns perfectly with this venture. Together, we are delivering a scalable platform that empowers law firms to thrive in a competitive landscape."

About Arena Investors, LP:

Arena Investors, a subsidiary of Arena Investor Group holdings, is an institutional asset manager founded in partnership with The Westaim Corporation (TSXV: WED). With approximately $3.5 billion of invested and committed assets under management as of December 31, 2024, and a team of over 180 employees in offices globally, Arena provides creative solutions for those seeking capital across all corporate, real estate, and structured finance investment areas, at all levels of the capital structure, and in all developed markets, alongside operational capabilities to manage and improve businesses.  The firm brings individuals with decades of experience, a track record of comfort with complexity, the ability to deliver within time constraints, and the flexibility to engage in transactions and business operations that cannot be addressed by banks and other conventional financial institutions. See www.arenaco.com for more information.

About SimpleCITI Companies:

SimpleCITI Companies is an operational-first platform specializing in real estate (SimpleEQUITIES), litigation finance (Fort Morgan), and fiduciary advisory services (SimpleADVISORY). The firm provides institutional-grade solutions across sophisticated markets. Fort Morgan, the litigation finance division, offers innovative funding solutions for law firms, blending conservative valuation with operational expertise. SimpleADVISORY ensures disciplined underwriting and compliance to support Fort Morgan's strategic initiatives.

About Pat Shannon:

Pat Shannon brings extensive industry expertise, previously serving as Chief Operating Officer at Mustang Litigation Funding, a platform renowned for its proficiency across diverse litigation finance disciplines. With a focus on episodic and idiosyncratic opportunities in niche sub-sectors, Pat leads the JV's diligence, underwriting, and origination efforts.