United Kingdom

On behalf of the team

On 29 June 2022 it was announced that the CAT allowed proceedings between Dr Rachael Kent and Apple Inc. and Apple Distribution International Ltd regarding the prices charged by Apple in its App store.[1] Ms Kent was a proposed representative for all the aggrieved parties of Apple and claimed that Apple was infringing competition law by obtaining 30% income from app developers in exchange for placement in its app store. She requested permission to initiate an opt-out class action, known in England as a collective procedure order (CPO). Although Apple opposed this, the CAT unanimously decided that the subject was sufficiently important to allow these proceedings, but what exactly the proceedings were about would be assessed later. The next discussion was whether her CPO actually met the statutory requirements.

[1] Competition Appeal Tribunal, 29 June 2022, case 1403/7/7/21 (Kent/Apple).