An application to commence opt-out collective proceedings, under section 47B of the Competition Act 1998 by Mr Justin Gutmann against (1) Apple Inc., (2) Apple Distribution International Limited, and (3) Apple Retail UK Limited (the “Proposed Defendants”). The proposed collective proceedings would combine standalone claims against the Proposed Defendants for loss and damage caused by alleged breaches of statutory duty in infringing the Chapter II Prohibition and/or Article 102 of the Treaty on the Functioning of the European Union.
A CMC took place on 22 November 2022, at which the Tribunal gave a ruling on disclosure.
A hearing took place on 2 May 2023, at which the Tribunal adjourned the question of certification and provided directions for the hearing of Mr Gutmann's disclosure application. The CPO application hearing took place on 11 and 12 September 2023. The Tribunal issued its certification judgment on 1 November 2023 ( CAT 67). On 27 November 2023, the Tribunal refused Apple's request for permission to appeal the certification judgment ( CAT 74).