On 14 January 2025, the UK’s Competition Appeal Tribunal (CAT) handed down its Judgment (available here) in Riefa v Apple & Amazon with a landmark victory for Amazon, represented by Meredith Pickford KC and David Gregory of Monckton Chambers, and Apple.
The proposed class representative, Professor Riefa, sought a collective proceedings order on behalf of consumers against Amazon and Apple. The claim involved allegations that Amazon and Apple had coordinated so as to distort the price of Apple products online. It was strongly resisted by Amazon and Apple, and after two contested hearings, certification was refused by the CAT.
The CAT has never before refused certification with no second chance being given.
The Tribunal found that Professor Riefa failed to satisfy the “authorisation condition” – that is, to show that it was “just and reasonable” for her to act as a representative in the proceedings. This stemmed in large part from concerns that the Tribunal had about the ability of Professor Riefa to protect the interests of the class robustly and independently. A contributing factor to the Tribunal’s assessment was the evidence of Professor Riefa in cross-examination by Meredith Pickford KC. Cross examination of the proposed class representative, which Amazon and Apple had applied to do in relation to the proposed funding arrangements, and Professor Riefa’s understanding of them, was another legal first before the CAT in applications for collective proceedings.
The lesson here for those wishing to bring collective proceedings is found in the Judgment at [115]: “A class representative is not, and cannot be, merely a figurehead for a set of proceedings being conducted by their legal representatives, but must act as the independent advocate for the class. Someone who chooses to act as a class representative therefore carries a heavy responsibility to ensure that the proceedings are conducted, in all respects, in the best interests of the class. The Tribunal will accordingly hold them to a high standard.”
Barristers at Monckton Chambers have unrivalled breadth and depth of experience in competition law collective proceedings. They are adept in advising potential class representatives and defendants alike on how to maximise their chances of success before the Tribunal in the light of the developing jurisprudence in this fast-moving area of law.
Meredith Pickford KC and David Gregory, instructed by James Norris-Jones and Paul Stuart of Cleary Gottlieb Steen and Hamilton LLP acted for Amazon.