Platform Newsletter – October 2026
Editorial
By Gina Sternberg
£260 MILLION SETTLEMENT WITH GOOGLE APPROVED BY TRIBUNAL IN HISTORIC RULING FOR UK CLASS ACTION REGIME
On 16 September 2026, the Competition Appeal Tribunal approved a GBP 260 million settlement secured by Professor Barry Rodger in his opt-out collective action against Google, brought on behalf of thousands of UK app developers.
A £160 million fund will go directly to compensating eligible developers, including sole traders and SMEs. This is the largest class pay-out the Tribunal has approved to date, having found the settlement is just and reasonable, and in the class’s interests.
The settlement resolves a claim brought under the UK’s collective action regime by leading competition law academic Professor Barry Rodger. It alleged that Google abused its dominant position to the detriment of UK businesses that sold apps on the Play Store to Android customers. The claim sought compensation for the losses those businesses suffered from August 2018 onwards.
All UK third-party app developers that sold digital content through apps distributed from the Play Store from August 2018 automatically fall within the class and may be eligible for compensation unless they opt out. The amount each affected developer receives will depend on their qualifying sales on the Play Store during the relevant period.
The UK’s collective action regime was introduced in 2015 to let consumers and businesses seek redress where they could not realistically litigate alone. This is the first-class pay-out of this scale under the regime, and Geradin Partners is proud to have acted for Professor Rodger in securing the settlement.
Professor Rodger is not a member of the class himself. A competition law academic at Strathclyde University Law School, his research has long focused on anticompetitive conduct and effective redress for those harmed by it. He is therefore delighted that the pay-out will benefit developers of every size, from individuals and start-ups to established companies, who sold apps or digital content through the Google Play Store.
UK app developers are encouraged to register on the claim’s website www.googleplaystoredeveloperclaim.com to be notified when the claims process opens.
A copy of the collective settlement approval judgment is available on the Competition Appeal Tribunal’s website.
CONSUMER, ANTITRUST, DMA & DSA INVESTIGATIONS
THE EUROPEAN UNION
Booking.com drops external price signals from its programmes after DMA regulatory dialogue
On 28 September 2026, the Commission published a factsheet on Booking.com’s compliance with the parity ban in Article 5(3) DMA. After regulatory dialogue, Booking.com has implemented additional measures that build on its earlier removal of parity clauses from its General Delivery Terms (GDTs). Since September 2026, Booking.com has stopped considering prices on other channels when assessing whether a property may be eligible for the Booking Sponsored Benefit. It has also removed the ‘competitive’ and ‘non-competitive’ labels from its Extranet, so that properties do not perceive that Booking.com expects price alignment. The ranking annex of the GDTs will be updated later this year. The Commission stressed that these voluntary changes are without prejudice to ongoing proceedings by the Greek, Italian and Spanish competition authorities. The changes show the DMA parity ban reaching beyond contract terms to indirect incentives that can have the same effect. Read more >>
Commission tests Google’s AI opt-out for publishers
On 1 September 2026, Reuters reported that the Commission is asking publishers for feedback on Google’s proposal to let them opt out of AI search without losing ranking. It asks whether publishers will use the opt-out, and seeks views on Google’s May changes combining AI Overviews and AI Mode into a single AI Search. Google announced the opt-out in June, on the same day the CMA ordered Google to let publishers prevent their content from being used for its AI features. GCR reports that Google hopes the global opt-out will resolve the Commission’s abuse of dominance probe, which followed a complaint by the European Publishers Council in February. The market test shows EU and UK regulators converging on publisher control over AI use of content. Read more >>
Commission reportedly set to designate AWS and Azure under the DMA
Bloomberg reports that the Commission is preparing to designate Amazon Web Services and Microsoft Azure as gatekeepers in November 2026. The reported decision would follow the Commission’s June preliminary finding that both cloud services qualify as important gateways despite not meeting the DMA’s quantitative thresholds. The Commission pointed in particular to their scale, entrenched customer bases, high switching costs and growing importance for AI services. The decision remains in draft and the Commission has not publicly confirmed the timing. If adopted, it would mark the DMA’s first gatekeeper designations for cloud computing and a significant use of the Commission’s power to designate services that do not meet the DMA’s numerical thresholds. It would also extend the regime further into the infrastructure underpinning the AI economy. Read more >>
Video game companies face EU consumer probes over in-game currencies
On 30 September 2026, national consumer authorities in the EU’s Consumer Protection Cooperation (CPC) Network launched coordinated actions against nine video game companies, including King, Mojang, Riot Games, Supercell and Ubisoft, over their use of in-game virtual currencies. The authorities are applying their published principles, which require games to display the real-world price of items, avoid pushing players to buy excess currency, and provide clear information before purchase. Earlier in 2026, the same network launched a separate coordinated action concerning Microsoft and Activision Blizzard, covering in-game currencies, addictive design, parental controls and marketing to children, among other practices. Industry groups continue to dispute the authorities’ approach to classifying virtual currencies. The disagreement could influence the forthcoming Digital Fairness Act. Read more >>
MEMBER STATES AND THE UNITED KINGDOM
CMA strengthens proposed search choice screens to include AI assistants
On 23 September 2026, the CMA launched a further consultation on its user choice conduct requirement for Google search. Under the revised proposal, Google would have to show Android and Chrome users a choice of search services when they first use an Android device or Chrome, followed by an annual prompt to choose their default. AI assistants could be included where they meet the relevant technical and security criteria, and any provider on the choice screen would have to attribute publisher content fairly. The CMA says the changes respond to the rapid growth of services such as ChatGPT and Perplexity. Comments were due by 9 October, with a final decision expected by the end of the year. Including AI assistants reflects the view that AI tools and traditional search now compete for the same queries. Read more >>
Ofcom opens first Online Safety Act investigation into Meta over Instagram Instants
On 6 October 2026, Ofcom opened its first formal Online Safety Act investigation into Meta, examining whether Meta carried out adequate illegal content and children’s risk assessments before launching Instagram Instants. Instants is a disappearing photo-sharing feature. The Act requires platforms to update those assessments before significant changes to their services. The case will test the duty to risk-assess new features before launch. Read more >>
REST OF THE WORLD
THE UNITED STATES
DOJ reportedly investigating Nvidia’s licensing deal with Groq
On 9 September 2026, the New York Times reported that the DOJ is investigating whether Nvidia structured its deal with AI chip company Groq to avoid the antitrust review that applies to ordinary mergers. The DOJ opened the inquiry shortly after the deal was announced in December and has sent Nvidia a formal request for information. According to the report, the agency could fine Nvidia but is unlikely to seek to unwind the deal. The DOJ has not confirmed the investigation. Nvidia said the deal shows the American system working as designed to reward innovation. The probe reflects growing scrutiny of AI licensing deals that can achieve the effect of an acquisition without triggering formal merger review. Read more >>
FTC and 22 states sue Amazon over alleged hidden advertising surcharges
The FTC, joined by 22 state attorneys general, alleges that Amazon misled advertisers about its pricing and auction systems and may have earned more than USD 20 billion through hidden surcharges. The complaint alleges that from 2019 Amazon added undisclosed surcharges and raised ad prices above what a genuine auction would produce. In response, Amazon says its auction systems saved advertisers USD 8 billion between 2021 and 2025. The case extends US enforcers’ scrutiny of Amazon from its marketplace practices to its advertising business. Read more >>
CASES BROUGHT BEFORE THE COURTS
THE EUROPEAN UNION
Google challenges Commission’s DMA decisions on Android and search data access
Google has brought two actions for annulment before the General Court against Commission decisions specifying how it must comply with the DMA. Adopted in July, the decisions require Google to give rival AI assistants greater access to Android functionalities available to Gemini and to share certain search data with competing search providers. The Commission considers these measures necessary for rival AI and search services to compete effectively. Google argues that the requirements create significant privacy and security risks: deeper access to Android could compromise device security, and anonymised search data could be re-identified. The Commission maintains that both decisions contain appropriate safeguards, including technical protections, contractual restrictions and audits. Google has also applied for interim relief against the search-data decision. The actions will test how far the Commission can go in specifying compliance, and how privacy and security weigh against interoperability. Read more >>
General Court upholds decision not to designate Edge under the DMA
On 2 September 2026, the General Court dismissed a challenge by rival web browser Opera to the Commission’s decision not to designate Microsoft as a gatekeeper in respect of Edge. Although Edge met the DMA’s quantitative thresholds, the Court agreed that Microsoft had sufficiently demonstrated that it was not an “important gateway” between business users and end users. It endorsed the Commission’s reliance on Edge’s relatively low usage, its reliance on the third-party Blink browser engine, and the limited impact of its integration and pre-installation within Windows. The judgment clarifies the DMA’s designation test: meeting the quantitative thresholds does not automatically result in gatekeeper status, and the service’s actual importance as a gateway remains decisive. Read more >>
General Court upholds Commission’s prohibition of Booking/Etraveli (T‑1139/23)
On 9 September 2026, the General Court dismissed Booking Holdings’ challenge to the Commission’s 2023 decision blocking its EUR 1.63 billion acquisition of Etraveli, the Swedish online travel agency focused mainly on flight bookings. The Court upheld the finding that the deal would have strengthened Booking’s dominant position in hotel online travel agency services. It accepted the Commission’s ecosystem theory of harm: because flights are often the first step in planning a trip, Etraveli would have let Booking channel flight customers to its hotel platform. It rejected arguments that the Commission had departed from its merger guidelines and applied the wrong legal standard. Although it found errors in the Commission’s market-share calculations, the Court held that the qualitative evidence was sufficient to support the prohibition. The judgment confirms that a digital merger can be blocked on an ecosystem theory, without significant horizontal overlap. Read more >>
AliExpress challenges record EUR 550 million DSA fine
On 2 October 2026, MLex reported that AliExpress is challenging its EUR 550 million fine under the Digital Services Act before the General Court. The Commission imposed the fine in July 2026, the largest DSA fine to date, after finding that AliExpress had failed to diligently assess and mitigate the risks of illegal, unsafe and counterfeit products on its marketplace. AliExpress has called the fine disproportionate. The appeal follows X’s challenge to its EUR 120 million DSA fine, and will help define how far the General Court scrutinises the Commission’s DSA fining practice. Read more >>
MEMBER STATES AND THE UNITED KINGDOM
CAT conditionally approves narrowed class action against Apple and Amazon
On 28 September 2026, the CAT conditionally approved part of a revived consumer claim alleging that Apple and Amazon agreed to restrict sales of Apple and Beats products on Amazon’s UK marketplace. Mrs Justice Bacon found the claims concerning sales on Amazon plausible but rejected the wider claims covering purchases from other retailers as speculative. The surviving claim is valued at GBP 289–306 million. Justin Le Patourel replaced Christine Riefa, whose claim was refused certification in January 2025. The ruling shows the Tribunal certifying the core of a claim while cutting away theories of harm that it thought speculative, rather than refusing certification outright. Read more >>
GBP 2 billion collective claim filed against Apple over App Tracking Transparency
Ann Pope, a former senior director for antitrust at the CMA, has filed a GBP 2 billion collective claim against Apple on behalf of app developers who allegedly suffered losses from App Tracking Transparency (ATT). The claim was filed on 3 September 2026 through ATT Collective Action Limited. It alleges that ATT imposed stricter consent requirements on third parties than on Apple’s own advertising. The claim still has to be certified. The claim adds to the UK collective actions against platform rules, and is likely to test how the Tribunal weighs privacy justifications against alleged self-preferencing. Read more >>
TikTok, Meta and X challenge Ofcom’s information requests under the UK Online Safety Act
From 5 to 7 October 2026, the UK Administrative Court heard challenges by TikTok, Meta and X to information notices issued by Ofcom under the Online Safety Act 2023 (OSA). The platforms argue the requests amount to “a substantial extra-statutory program not mandated by law”, because the OSA already sets up a transparency reporting regime for categorised services. Meta said the first set of requests alone seeks around 10,000 extra pieces of information. Ofcom maintains its requests are “proportionate, necessary and within the scope of our powers”.
Ofcom faces other litigation: Meta is challenging how it sets fees and maximum fines, and Instagram, WhatsApp, Roblox and Quora are appealing their July designations as Category 1 services. The outcome will define how far Ofcom can go beyond the Act’s formal transparency regime. Read more >>
Trial opens in GBP 1 billion consumer claim against Google Play Store (Coll v Alphabet)
On 6 October 2026, hearings began at the Competition Appeal Tribunal in Liz Coll’s opt-out collective action against Google. The claim is brought on behalf of about 20 million UK consumers and businesses who bought apps, in-app content or subscriptions through Google Play between 1 October 2015 and 31 July 2026. It alleges that Google abused its dominant position by charging developers commissions of up to 30%, which were passed on to consumers through higher prices. Google denies the claim. The trial is listed for seven weeks. Google settled Professor Rodger’s parallel developer claim but is contesting this consumer claim. The CAT found against Apple’s App Store commissions last year. The trial will test how far an alleged overcharge to developers can be shown to have reached consumers. Read more >>
Frankfurt court holds Meta liable for scam ads on Facebook and Instagram
On 16 September 2026, the Frankfurt Regional Court held Meta liable for fake advertisements and profiles that misused the name and image of Thomas Kehl, founder of the finance brand Finanzfluss, to promote fraudulent investments. The court held that Meta could not rely on the DSA’s hosting liability exemption, finding that its role in algorithmically distributing the ads went beyond mere hosting. Meta was ordered to stop distributing the ads, disclose details of them and the revenue they generated, and pay damages. The ruling is an early national application of the narrowing of the hosting exemption discussed in GP’s recent blog post. Read more >>
REST OF THE WORLD
THE UNITED STATES
Apple files its opening brief in the US Supreme Court in its contempt appeal against Epic Games
On 14 September 2026, Apple filed its opening brief in Apple Inc. v. Epic Games, Inc. (No. 25-1311). Apple is asking the US Supreme Court to overturn a ruling that it breached a 2021 injunction requiring it to let app developers direct users to non-Apple payment methods outside the App Store. The lower courts found that Apple undermined that requirement by imposing a 27% commission on purchases made through external links. Apple argues that the injunction did not expressly prohibit such a commission and that the Ninth Circuit wrongly enforced what it regarded as the “spirit”, rather than the terms, of the order. When it granted review on 30 June 2026, the Supreme Court declined to hear Apple’s challenge to the injunction’s nationwide scope. Epic’s response is due on 13 November 2026, with oral argument expected in early 2027. Read more >>
Google avoids AdX break-up as court opts for behavioural remedies
On 16 September 2026, the full remedies opinion in the DOJ’s ad tech case against Google was unsealed. Judge Leonie Brinkema declined to order Google to divest its AdX ad exchange, instead imposing behavioural remedies. Google must make its ad exchange and publisher tools interoperable with rival services, share certain auction data and prevent its ad buying service from favouring Google’s own ad tech products, and submit to oversight by an independent monitor for six years. The remedies apply globally. The ruling is significant because, despite finding unlawful monopolisation, the court preferred interoperability, data-access and non-discrimination obligations over structural separation and divestments. Their effectiveness will provide an important test of whether behavioural remedies can restore competition in vertically integrated digital markets, or whether structural divestiture is ultimately necessary. Read more >>
AI subscribers sue Anthropic, OpenAI, Google and SpaceXAI over alleged agreement to slow AI development
On 18 September 2026, subscribers filed a proposed class action alleging that leading AI companies agreed to slow AI innovation. The plaintiffs, paid users of ChatGPT, Claude, Grok or Gemini, seek to represent a nationwide class and argue that a slowdown devalues their subscriptions. The complaint says the coordination largely took place on 12 September, when Anthropic CEO Dario Amodei published an essay calling for industry-wide cooperation to slow development in favour of safety, and the leaders of OpenAI, SpaceXAI and Google DeepMind agreed. Amodei had acknowledged antitrust risk and suggested government mediation. The day before the filing, Associate Attorney General Stanley Woodward said coordination on AI safety did not in itself appear anticompetitive. The case will test whether competitors can coordinate on safety grounds without breaching antitrust law. Read more >>
US court dismisses Penske Media and Chegg antitrust suits over Google’s AI Overviews
On 30 September 2026, Judge Amit Mehta dismissed antitrust suits by Chegg and Penske Media alleging that Google used its search monopoly to force publishers to provide content for Google’s AI Overviews feature free of charge. Judge Mehta held that the allegation of a reciprocal agreement was not plausible and that the publishers lacked antitrust standing in the general search market. He also dismissed Penske’s tying claim, finding Search and AI Overviews were not plausibly separate products. The conduct remains under scrutiny in the EU, where the Commission is examining Google’s use of publisher content for AI Overviews, including whether publishers can opt out without losing access to Google Search. Read more >>
THE EUROPEAN UNION
European Commission proposes the EU KIDS Act to strengthen online child safety
The Commission’s proposed EU KIDS Act would bar under-13s from social media and set 15 as the minimum age for an autonomous account. Children aged 13 to 15 could use parental-controlled “mini accounts”, with screen-time and contact limits. Social media, video-sharing platforms, online games, AI companions and chatbots used by minors would face safety-by-design obligations. Addictive features, infinite scrolling, certain push notifications and profiling-based recommender systems leading minors towards harmful content would be restricted, and minors’ profiles would be private by default. Online services and app stores would need privacy-preserving age assurance. Very large online platforms would bear the burden of proving their services are safe by design. Enforcement would build on the DSA and AI Act, with expedited 90-day investigations. The proposal marks a shift from risk assessment towards hard age limits and design bans. Read more >>
European Commission adopts new guidelines on exclusionary abuses under Article 102
On 3 September 2026, the Commission adopted its long-awaited Guidelines on exclusionary abuses of dominance under Article 102 TFEU, after a three-year consultation. The Guidelines set out how the Commission will assess conduct by dominant companies that may exclude competitors, including predatory pricing, margin squeezes, exclusive dealing and refusals to supply. They clarify how to assess dominance, including in ecosystems and after-markets; whether conduct departs from competition on the merits; and whether it is capable of producing exclusionary effects. They also explain how conduct may be justified by objective necessity or efficiencies. Their adoption marks the withdrawal of the Commission’s 2009 Guidance on enforcement priorities, as amended in 2023. The Guidelines will be the main reference point for exclusionary conduct cases across the EU, and their treatment of ecosystems makes them directly relevant to digital platforms. Read more >>
REST OF THE WORLD
AUSTRALIA
Australia proposes digital duty of care to strengthen child online safety
On 8 September 2026, the Australian Government published draft legislation for consultation that would impose a new “digital duty of care” on online services. Digital services, including online games, apps and AI chatbots, would have to protect under-18s from harmful design features, such as addictive features. Platforms would have to let users either opt in to algorithmically recommended content or see only posts from accounts they follow. Breaches could attract penalties of up to AUD 109.2 million, enforced by the eSafety Commissioner. Australia’s Liberal–National opposition has said it will oppose the proposal in its current form, and the US Government has warned it could enable viewpoint-based censorship. The bill would move Australia from age limits towards a general duty of care, closer to the UK Online Safety Act model. Read more >>
MARKETS AND INDUSTRY DEVELOPMENTS
OpenAI rolls out text watermarking to meet EU AI Act rules On 5 October 2026, OpenAI announced a text-watermarking system to comply with Article 50 of the AI Act, which requires providers of generative AI systems to make AI-generated content detectable. API customers worldwide can now opt in to OpenAI’s text-watermarking system, textGrain, which embeds an invisible, machine-detectable signal in generated text. Eligible ChatGPT and Codex output in the EU will follow in the coming weeks. Anthropic announced a similar watermarking system for Claude in August 2026. Read more >>
Nvidia to acquire Hugging Face for USD 12.9 billion
On 3 September 2026, Nvidia agreed to acquire Hugging Face for USD 12.9 billion. Hugging Face is a widely used platform for developing, sharing and deploying AI models, while Nvidia is the leading supplier of chips used to train and run AI systems. Nvidia has pledged to keep Hugging Face open to rival hardware, models and cloud providers. The deal combines a leading supplier of AI computing hardware with one of the main platforms used to develop and distribute AI models. Read more >>
