The Competition Appeal Tribunal today handed down a judgment in the Pollack v Google collective proceedings claim – which alleges that Google abused its dominant position in online advertising markets to the detriment of online publishers.
Since the Pollack claim was filed in November 2022, a rival opt-out collective proceedings claim (Arthur v Google) brought on behalf of a similar class and containing similar allegations of abuse was filed on 29 March 2023, giving rise to a potential carriage dispute.
The issue facing the Tribunal was whether it should determine the carriage dispute in an earlier, separate hearing, or in a combined carriage and certification hearing – the approach previously adopted in the FX and Trucks collective proceedings claims.
The Tribunal determined that carriage should be determined first (this autumn), with a certification hearing for the successful claim to follow early next year.
The judgment contains the following comments of wider relevance to the case management of collective proceedings claims where a carriage dispute arises.
Julian Gregory, instructed by Humphries Kerstetter LLP, represented Mr Pollack at the hearing. Ronit Kreisberger KC is also instructed.
Meredith Pickford KC, instructed by Herbert Smith Freehills LLP, represented Google.
Gerry Facenna KC, Nikolaus Grubeck and Alison Berridge, instructed by Hausfeld & Co LLP, represented Mr Arthur.