Announcements — 21/10/2024

Geradin Partners represents class representative Dr Sean Ennis in successful certification of Apple App Store claim

The Competition Appeal Tribunal (CAT) has certified Dr Sean Ennis’ application for a collective proceedings order in his action on behalf of UK-domiciled app developers against Apple. This case is the second Geradin Partners collective action to receive CAT certification this year (the publisher ad tech case against Google was certified in June 2024), underscoring the firm’s growing influence in high-stakes competition litigation. 

Dr Ennis’ claim, which was filed in July 2023 on behalf of over 13,000 UK-domiciled iOS app developers, alleges that Apple has a dominant position in the market for iOS app distribution and has abused its dominance by charging prices (in the form of the commission charged on purchases of apps or purchases of additional content or subscriptions within those apps) which are excessive and unfair in their own right and/or unfair and abusive as a system of pricing.

In today’s judgment, the CAT unanimously dismissed Apple’s arguments against certification. Additionally, the CAT was satisfied that Dr Ennis is a suitable person to act as Class Representative owing to his relevant professional experience and the detailed litigation plan that he has in place to manage the litigation proceedings.

The CAT’s decision to certify the case is a significant step toward trial bringing Dr Ennis one step closer to holding Apple accountable for its alleged anti-competitive behaviour.

Case 1601/7/7/23 Dr Sean Ennis v Apple Inc. and others

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Damien Geradin

(+32) 471 17 95 25

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