Status
Application by Professor Barry Rodger under section 47B of the Competition Act 1998 against (1) Alphabet Inc; (2) Google LLC; (3) Google Ireland Limited; (4) Google Asia Pacific Pte Limited; (5) Google Commerce Limited; (6) Google Payment Limited; and (7) Google UK Limited. The proceedings concern alleged abusive conduct by companies in the Google group in the Android app distribution market and on the licensable smart mobile OS market. Professor Rodger alleges that Google has abused its dominance by: (1) engaging in various forms of exclusionary conduct which prevent others from competing in the provision of distribution services to Android app developers; and (2) charging prices (in the form of the commission charged on purchases of apps and of additional content or subscriptions within those apps) that are both excessive and unfair in their own right and unfair and abusive as a system of pricing.
A case management conference ("CMC") took place on 20 December 2024 following which the Chair gave directions for the conduct of the proceedings.
The hearing to consider the application for a collective proceedings order took place on 6 March 2025. The Tribunal stated at the conclusion of the hearing that the proceedings would be certified, with reasons to follow. On 30 April 2025, the Tribunal issued its judgment in relation to joint case management ([2025] CAT 25).
On 14 March 2025, a joint CMC took place to consider consolidation of these proceedings with the Epic Proceedings (Case 1378/5/7/20) and the Coll Proceedings (Case 1408/7/7/21). By Order dated 24 March 2025, the Tribunal ordered the joint case management of the proceedings. A reasoned judgment in relation to joint case management is pending.
A further joint CMC with the Epic and Coll Proceedings took place on 1 May 2025.
A further joint CMC with the Epic and Coll Proceedings took place on 23 June 2025 and 15 July 2025 to consider disclosure issues. The Tribunal's ruling was issued on 24 September 2025.
A further Joint CMC with the Epic and Coll Proceedings took place on 1 August 2025. By Order dated 27 August 2025, the Tribunal determined the extent to which expert evidence was permitted in relation to the Epic and Rodger Proceedings.
A further Joint CMC with the Epic and Coll Proceedings took place on 25 September 2025 to consider supplemental disclosure requests and the Tribunal determined these requests at the CMC (see the Tribunal's Ruling [2025] CAT 58).
A further Joint CMC with the Epic and Coll Proceedings took place on 30 January 2026.
A further Joint CMC with the Epic and Coll Proceedings took place on 24 February 2026.
On 27 February 2026, Google applied for an order to vary the Rodger Proceedings' CPO in light of the Supreme Court's decision in Evans v Barclays Bank Plc [2025] UKSC 48. A hearing to consider the application has been listed on 4-5 June 2026.
