Claim for damages brought by Infederation Ltd against (1) Google Inc, (2) Google Ireland Limited and (3) Google UK Limited in respect of an alleged abuse of dominant position contrary to Article 102 of the Treaty on the Functioning of the European Union and/or section 18 of the Competition Act 1998. The Claimant relies also on the European Commission’s decision dated 27 June 2017 (Case AT.39741 Google Search (Shopping)).
The claim was transferred from the High Court to the Tribunal by Order of the Honourable Mr Justice Roth dated 16 May 2023.
At a case management conference held on 26 March 2024, it was ordered that the proceedings should be subject to joint case management with Whitewater Capital Limited v Google LLC and Alphabet Inc (Case 1596/5/7/23), Skimbit Limited & Others v Google UK Limited & Others (Case 1636/5/7/24) and Kelkoo.com (UK) Limited & Others v Google UK Limited & Others (Case 1424/5/7/21(T)). It was ordered that the issues arising in the proceedings would be determined by way of split trial. At that hearing, the Tribunal also delivered a short Ruling on disclosure in the Foundem Proceedings ([2024] CAT 20).
A case management conference was held on 18 and 19 November 2024.
A Preliminary Issue Trial was held on 17-19 March 2025. The Tribunal handed down Judgment on 9 July 2025 ([2025] CAT 39) setting out which recitals of the European Commission decision are binding on the Tribunal, and their meaning. After considered the parties’ costs applications and written submissions on costs, the Tribunal delivered a Ruling on the costs of the Preliminary Issue Trial on 26 March 2026 ([2026] CAT 28).
A case management conference was held on 17 and 18 July 2025 to consider various disclosure issues.
A hearing was held on 10 October 2025 to determine Google’s application to strike out, disallow or obtain reverse summary judgment on part of Foundem’s claims concerning the use of Product OneBoxes in the period between 2006 and 2008. The Tribunal delivered Judgment on 23 December 2025 ([2025] CAT 83). After considered Google’s costs application and Foundem’s response, the Tribunal determined the costs application relating to the hearing by way of reasoned order dated 27 April 2026.
A hearing was held on 12 January 2026 to determine certain issues regarding Foundem’s factual witness statements. The Tribunal delivered Judgment on 4 February 2026 ([2026] CAT 7).
A hearing was held on 13 January 2026 to consider the scope of the first trial in these Proceedings. A Ruling was delivered on the same day ([2026] CAT 3).
On 18 May 2026 the Tribunal instructed Professor Iadh Ounis to act as an independent expert in the field of data science for the First Trial in the Google Shopping Proceedings, in accordance with paragraph 7 of the Order of the Chair dated 20 December 2024 concerning appointment of an expert in the field of data science.
A pre-trial review hearing was held on 21 May 2026.
The First Trial in the Google Shopping Proceedings has been listed to commence on 22 June 2026, with a time estimate of five weeks with one week in reserve.
