CAT rejects Apple’s application for split trial in App Store collective proceedings

20 Sep 2022

The Competition Appeal Tribunal earlier this week heard and dismissed an application by Apple for a split trial in the collective proceedings brought by Dr Rachael Kent. The proceedings concern alleged exclusionary and exploitative abuses by Apple in relation to the distribution and pricing of iOS apps. Apple sought directions for a preliminary trial confined to the issues of market definition and dominance. This was opposed by Dr Kent, including on the basis that Apple’s proposal would significantly increase costs and result in serious delay to securing compensation for the class of 19.5 million individuals that Dr Kent represents. Following a day of argument the Tribunal decided to reject Apple’s proposal (with reasons to follow) and instead gave directions for a full trial of all the issues to commence in October 2024.

Michael Armitage appeared (unled) for the class representative, Dr Rachael Kent, instructed by Lesley Hannah and Luke Streatfeild of Hausfeld LLP. Ronit Kreisberger KC is also acting for Dr Kent in the collective proceedings.