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UK Facebook Users Could Benefit from £2.1 Billion Class Action as Case Proceeds to Trial

By Harry Moran |

UK Facebook Users Could Benefit from £2.1 Billion Class Action as Case Proceeds to Trial

Competition law expert Dr Liza Lovdahl Gormsen’s multi-billion pound case against Meta has been certified by the Competition Appeal Tribunal in London. Meta failed to prevent the case from proceeding as neither the Competition Appeal Tribunal nor the Court of Appeal granted Meta leave to appeal.

The case is now proceeding to trial, opening up the prospect of compensation for 46 million UK Facebook users.

Every Facebook user who were domiciled in the UK on 15 February 2024 and accessed Facebook at least once in the period between 14 February 2016 and 6 October 2023 will be automatically included in the case unless they opt out by 5 March 2025.

Dr Lovdahl Gormsen says: “We welcome the opportunity to hold Meta to account for abusing its dominant position by exploiting 46 million UK users’ data. Meta abused its market dominance by imposing unfair terms and conditions on UK users and imposing an unlawful price. We are very pleased that the Tribunal has approved me to go ahead and represent the class in our pursuit of redress for each individual affected”

The Tribunal ruled Meta’s attempts to challenge Dr. Lovdahl Gormsen’s claims were “insufficient” after expert testimony from leading economist Fiona Scott Morton, a former Deputy Assistant Attorney General for Economics at the U.S. Department of Justice’s Antitrust Division. Whilst Meta attempted to appeal this decision, the Court of Appeal in October refused permission for them to do so.

Class action claims have risen in the UK in the past three years but do not always receive a Collective Proceedings Order. As of November 2024, only a third of all cases have reached this stage, underscoring the importance of this decision.

Dr Lovdahl Gormsen’s case argues that Meta set an ‘unfair price’ for UK Facebook users. The “price” set for granting access to the social network was the surrender of UK users’ highly valuable personal data on a take-it-or-leave-it basis for access to the network. In return, users only received “free” access to Facebook’s social network, and zero monetary recompense whilst Facebook generated billions in revenues from its users’ data. This unfair deal was only possible due to Meta’s market dominance, meaning users had no other social network they could use to get the same service.

The claim seeks damages of at least £2.1 billion, plus interest, on aggregate for all UK consumers affected.

Kate Vernon, partner and Head of Competition Litigation Practice at law firm Quinn Emanuel, representing Dr Lovdahl Gormsen said: “This groundbreaking case promises to redefine the application of competition law in the context of data exploitation. It sets a legal framework for approaching this pivotal matter and represents a significant shift in how we address the associated critical issues.”

Dr Lovdahl Gormsen’s legal action is an opt-out class action brought under the Competition Act 1998 and the first to protect individuals’ data rights against Meta under competition law in England and Wales. The case is backed by some of Britain’s most prominent lawyers and economists, such as the Rt. Honourable Lord Neuberger, former President of the Supreme Court, Professor Richard Whish, Honorary Kings Counsel, economist Chris Pike, and Peter Vicary-Smith, former CEO of Which?.

A notice of the collective proceedings order, which sets out how users may opt out of the claim, can be found here.

About Dr Liza Lovdahl Gormsen

The case is being led on behalf of the class by Dr Liza Lovdahl Gormsen, Senior Research Fellow at the British Institute of International and Comparative Law (BIICL) and the director of the Competition Law Forum.The Competition Law Forum is a noted centre of excellence for European competition and antitrust policy and law.

In addition, Dr Lovdahl Gormsen is a Board Member of the Open Markets Institute and sits on the advisory board of the Journal of Antitrust Enforcement (OUP).

As an international expert in the field, Dr Lovdahl Gormsen co-authored the paper “Facebook’s Anticompetitive Lean in Strategies” (2019) and “Facebook’s Exploitative and Exclusionary Abuses in the Two-Sided Market for Social Networks and Display Advertising” (2021). The latter argues that antitrust enforcement is required to prevent the company from reinforcing its data-driven abuse of market power.

Dr Lovdahl Gormsen is represented by Quinn Emanuel Urquhart & Sullivan UK LLP, one of the UK’s leading competition law specialists. The case is spearheaded by Quinn Emanuel partner Kate Vernon, a highly respected competition law specialist, and assisted by partner Leo Kitchen, and associates Megan Hiluta, Aadil Master and Alexander Groes. Also advising Dr Lovdahl Gormsen are counsel Robert O’Donoghue KC of Brick Court Chambers, Tom Coates of Blackstone Chambers, Greg Adey of One Essex Court and Ian Simester of Fountain Court Chambers.

The case is being funded by Innsworth, one of the world’s largest civil litigation funders.

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Harry Moran

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Padronus Finances Collective Action Against Meta Over Illegal Surveillance

By John Freund |

Austrian litigation funder Padronus is financing the largest collective action ever filed in the German-speaking world. The case targets Meta’s illegal surveillance practices.

Together with the Austrian Consumer Protection Association (VSV) as claimant, the German law firm Baumeister & Kollegen, and the Austrian law firm Salburg Rechtsanwälte, Padronus has filed collective actions in both Germany and Austria against Meta Platforms Ireland Ltd. The lawsuits challenge Meta’s extensive surveillance of the public, which, according to Padronus and VSV, violates European data protection law.

“Meta knows far more about us than we imagine – from our shopping habits and searches for medication to personal struggles. This is made possible by so-called business tools that are deployed across the internet. The U.S. corporation is present on third-party sites even when we are logged out of its platforms or when our browser settings promise privacy. This breaches the GDPR,” explains Richard Eibl, Managing Director of Padronus.

Meta generates revenue by allowing companies to place paid advertisements on Instagram and Facebook. Which ad is shown to which user depends on the user’s interests, identified by Meta’s algorithm based on platform activity and social connections. In addition, Meta has developed tools such as the “Meta Pixel,” embedded on countless third-party websites, including those dealing with sensitive personal matters. The “Conversions API” is integrated directly on web servers, meaning data collection no longer occurs on the user’s device and cannot be detected or disabled, even by technically savvy users. It bypasses cookie restrictions, incognito mode, or VPN usage.

Millions of businesses worldwide use these tools to target consumers and analyze ad effectiveness. “Use of these technologies is now omnipresent and an integral part of daily internet usage. Every user becomes uniquely identifiable to Meta at all times as soon as they browse third-party sites, even if not logged into Facebook or Instagram. Meta learns which pages and subpages are visited, what is clicked, searched, and purchased,” says Eibl. He adds: “This surveillance has gone further than George Orwell anticipated in 1984 – at least his protagonist was aware of the extent of his surveillance.”

While Meta users can configure settings on Instagram and Facebook to prevent the collected data from being used for the delivery of personalized advertising, the data itself is nevertheless already transmitted to Meta from third-party websites prior to obtaining consent to cookies. Meta then, without exception, transfers the data worldwide to third countries, in particular to the United States, where it evaluates the data to an unknown extent and passes it on to third parties such as service providers, external researchers, and authorities.

Numerous German district courts (including Berlin, Hamburg, Munich, Cologne, Düsseldorf, Stuttgart, Leipzig) and more than 70 other courts have already confirmed Meta’s illegal surveillance in over 700 ongoing individual lawsuits. These first-instance rulings, achieved by lawyers Baumeister & Kollegen, are not yet final. Eibl notes: “The courts have awarded plaintiffs immaterial damages of up to €5,000. If only one in ten of the up to 50 million affected individuals in Germany joins the collective action, the dispute value rises to €25 billion. This is the largest lawsuit ever filed in the German-speaking world.”

Meta’s lack of seriousness about user privacy is well-documented. In 2023, Ireland’s data protection authority fined Meta €1.2 billion for illegal U.S. data transfers. In 2021, Luxembourg imposed a €746 million fine for misuse of user data for advertising. In 2024, Ireland again fined Meta €251 million for a major security breach. In July 2025, a U.S. lawsuit was launched against several Meta executives, demanding $8 billion in damages for systematic violations of an FTC privacy order. Richard Eibl notes: “This case goes to the heart of Meta’s business model. If we succeed, Meta will have to stop this unlawful spying in our countries.”

The new collective action mechanism for qualified entities such as VSV is a novel legal instrument. If successful, the unlawful practice must be ceased, and compensation paid to consumers who have joined the case.

The lawsuit is expected to trigger political tensions with the current protectionist U.S. administration. Only last week, the U.S. President again threatened the EU with new tariffs after the Commission imposed a €2.95 billion fine on Google. “We expect the U.S. government will also try to exert pressure in our case to shield Meta. But European data protection law is not negotiable, and we are certain we will not bow to such pressure,” says Julius Richter, also Managing Director of Padronus.

Consumers in Austria and Germany can now register at meta-klage.de and meta-klage.at to join the collective action without any cost risk. Padronus covers all litigation expenses; only in the event of success will a commission be deducted from the recovered amount.

Kerberos Named Finalist for 2025 CIO Industry Innovation Awards in Private Credit

By John Freund |

Kerberos Capital Management has been named one of only four finalists nationwide for Chief Investment Officer (CIO) magazine’s 2025 Industry Innovation Awards in the Private Credit category.

Each year, CIO magazine honors organizations that demonstrate “truly exceptional approaches to the challenges of institutional asset ownership and asset management.” This recognition highlights Kerberos’ leadership in private credit and its innovative strategies that continue to set new standards in the institutional investing market.

“We are proud to be recognized among the top firms in the country for our work in private credit,” said Joe Siprut, CEO & CIO of Kerberos Capital Management. “This acknowledgment underscores our team’s commitment to innovation, disciplined risk management, and delivering differentiated value to our investors.”

Kerberos’ inclusion as a finalist reinforces its growing national reputation as a forward-thinking investment manager that thrives on tackling complex challenges, seeking to generate alpha from complexity but not from increased risk.

About Kerberos Capital Management

Kerberos Capital Management is an SEC-registered investment adviser and alternative investment manager, providing creative solutions for those seeking capital in special situations. Kerberos’ flagship private credit strategy emphasizes legal assets and other complex collateral. Kerberos manages both a pooled vehicle and separate accounts for institutional and high net worth investors worldwide.

New North Litigation Capital Launches, Backed by £50 Million in Senior Secured Financing from Pollen Street Capital

By John Freund |

Pollen Street Capital ("Pollen Street") today announces a new senior secured credit facility of up to £50 million to New North Litigation Capital (“New North”). New North is a commercial litigation finance company and a direct subsidiary of Capital Law, a Cardiff based law firm founded in 2006.

Capital Law has a strong track record in commercial litigation, having closed over 400 claimant cases since 2001 with a 95% win rate. Drawing on its senior leadership and experienced disputes team, Capital Law launched New North to address the underserved small to mid-market segment of commercial litigation market. 

New North will be the only litigation financier in the UK owned and operated by practicing lawyers, bringing their day to day lived experience of handling mid-market litigation into pricing the risk and the funding investment decisions.

Christopher Nott, Founder and CEO of New North commented: “We are pleased to work with Pollen Street on this financing to launch New North Litigation Capital. The funding supports us to bridge a critical gap by funding claims that are often deemed too small by other players in the market. We are excited to work with the Pollen Street team as we create this new kind of litigation funding.”

Connor Marshall-Mckie, Investment Director at Pollen Street, commented:New North addresses an important gap in the litigation funding space, focusing on smaller mid-market commercial litigation. With the significant opportunity available and the deep experience of the leadership team from Capital Law we are excited to partner with the team to support their growth.”

About Pollen Street

Pollen Street is a fast-growing and high-performing private capital asset manager. Established in 2013, the firm has built deep capability across the real estate, financial and business services sectors aligned with mega-trends shaping the future of the industry. Pollen Street manages over €7bn AUM across private equity and credit strategies on behalf of investors including leading public and corporate pension funds, insurance companies, sovereign wealth funds, endowments and foundations, asset managers, banks, and family offices from around the world. Pollen Street has a team of over 95 professionals.