David Went acts for proposed class representative in Apple and Amazon collective proceedings
October 1, 2026
On 28 September 2026, the Competition Appeal Tribunal (CAT) handed down judgment giving the green light (subject to certain conditions being satisfied) for collective proceedings to proceed against Apple and Amazon for alleged unlawful agreements whereby the vast majority of independent resellers of Apple products were excluded from the Amazon UK marketplace. This judgment follows the previous unsuccessful application for a collective proceedings order regarding the same alleged unlawful agreements by Professor Christine Riefa in 2023.
The claim is being brought on behalf of purchasers of Apple products on Amazon UK marketplace (the “On Amazon claim”) with the initial period running from 1 October 2018 to 15 December 2025. However, the plan is to extend that period in due course given that the alleged unlawful agreements are continuing. While the CAT was unwilling to grant the Defendants’ application to strike out a broader claim to the effect that the alleged unlawful agreements also negatively impacted on the price of Apple products through other retail channels in the UK (the “Off Amazon claim”), the CAT concluded that at present at least there was no sufficiently credible methodology to sustain that broader claim. The CAT nevertheless leaves open the possibility that the Off Amazon claim might be resurrected in due course.
The Defendants had sought to completely resist certification on various grounds, including the suitability of the proposed class representative and the cost-benefit of the proceedings. However, their attempts to cast doubt on the credibility and suitability of Justin Le Patourel failed, as did any suggestion that the value of the On Amazon claim was insufficient to justify the cost of the proceedings.
The CAT’s judgment is likely to attract considerable market scrutiny given the number of hot topics in collective proceedings with which it deals, including:
- The practical application of the Pro-Sys test and the difference between not certifying claims on Pro-Sys grounds as compared with strike-out (with Apple and Amazon failing in their strike-out applications in respect of the Off Amazon claims);
- The independence and credibility of an expert who has a role in instigating a claim;
- Issues of distribution, including the relevance of the potential for direct payments versus online payment hubs;
- The relevance of an ongoing infringement and claim for injunctive relief to the cost-benefit analysis; and
- The power to cap class representative remuneration (with a seeming default rule of £150 per hour capped daily at £750).
The On Amazon claim will be fought on liability and quantum grounds, with Apple and Amazon seeking to rerun arguments twice rejected by EU regulators that the restrictions in the agreements were justified by piracy/infringement concerns and supply continuity concerns.
David Went, who was led by Thomas de la Mare KC, acted for the proposed class representative, instructed by Hausfeld.
