1641/7/7/24 BIRA Trading Limited v Amazon.com Inc. & Others

An application by BIRA Trading Limited, the proposed class representative ("PCR"), to commence collective proceedings under section 47B of the Competition Act 1998 ("the CPO Application").  The proposed collective proceedings would combine standalone claims against (1) Amazon.com Inc., (2) Amazon Europe Core S.à.r.l., (3) Amazon EU S.à.r.l., (4) Amazon Services Europe S.à.r.l., (5) Amazon U.K. Services Ltd., and (6) Amazon Payments U.K. Limited for loss and damage caused by alleged breaches of statutory duty contrary to section 18 of the Competition Act 1998 and/or Article 102 of the Treaty on the Functioning of the European Union (prior to 31 December 2020), which prohibit the abuse of a dominant position in a market.

By order of the Chair, the Fourth Proposed Defendant was removed as a party to the proceedings on 27 September 2024 upon the merger of the Third Proposed Defendant with the Fourth Proposed Defendant on 1 August 2024. 

A hearing to determine whether BIRA Trading Limited or Professor Andreas Stephan (in Case 1644/7/7/24) is the more suitable class representative to have carriage over the proposed claims was held on 11, 12 and 13 November 2024. Judgment determining the carriage dispute was handed down on 20 January 2025.