Collective actions certified in Amazon Buy Box Case

Robert Hammond v Amazon.com, Inc. & Others and Professor Andreas Stephan v Amazon.com Inc. & Others  [2025] CAT 42; 24/07/2025

The Competition Appeal Tribunal has handed down its decision in two certification decisions heard together in this matter and known as the ‘Amazon Buy Box’ case. Both had been subject to prior determinations in carriage disputes ([2024] CAT 8 and [2025] CAT 6).

Each class representative sought and was granted a CPO on an opt-out basis against Amazon: Mr. Hammond for a class of consumers and Professor Stephan for a class of retailers.

Both claims allege that Amazon abused a dominant market position in breach of the Chapter II prohibition in section 18 of the Competition Act 1998 and, for conduct prior to 31 December 2020, Article 102 TFEU.

Amazon opposed the granting of both CPOs on the following grounds:

• Concerns over the litigation funding arrangements.
• Challenges to the expert methodologies presented.
• In Professor Stephan’s case only, an alleged conflict of interest within the proposed class.

The Tribunal rejected those criticisms and found that both applicants satisfied the Authorisation Condition, including representation by experienced legal teams and comprehensive litigation plans.

As to funding, Prof. Stephan’s LFA had already been scrutinised in the carriage dispute and concerns over legal costs were addressed by both class representatives’  agreement to engage specialist costs lawyers.

The Tribunal declined to assess Mr Hammond’s funder’s return at this stage, noting that such scrutiny may follow judgment or settlement.

The Tribunal concluded that both applicants met the Eligibility Condition, including allowing the alternative exclusionary abuse aspect of Mr Hammond’s claim to be supported by Prof. Stephan’s expert’s methodology, in circumstances where Mr. Hammond’s expert methodology was not found to be adequate in its own right, either through joint instruction or other agreement.

Finally, the Tribunal rejected Amazon’s objection to Professor Stephan’s application based on an alleged conflict of interest within the class.

Philip Moser KC and Ben Rayment of Monckton Chambers appeared on behalf of Robert Hammond.

Jon Turner KC of Monckton Chambers appeared on behalf of Amazon.com, Inc. and Others in respect of the Hammond application.

Kristina Lukacova of Monckton Chambers appeared on behalf of Amazon.com, Inc. and Others in respect of the Stephan application.