Status
Application to commence collective proceedings by Dr Sean Ennis against (1) Apple Inc, (2) Apple Distribution International Ltd, (3) Apple Canada, Inc, (4) Apple Pty Limited, (5) Apple Services LATAM LLC, (6) iTunes KK, (7) Apple (UK) Ltd, and (8) Apple Europe Ltd for losses alleged to have been suffered as a result of the Proposed Defendants' breaches of Article 102 of the Treaty on the Functioning of the European Union and section 18 of the Competition Act 1998. Dr Ennis seeks to recover damages to compensate UK-domiciled third-party app developers that sold apps via the App Store, and made sales to iOS device users within third-party apps, in the period starting six years before the date of the Collective Proceedings Claim Form (25 July 2023), where a commission was charged by Apple on the sale.
A hearing was held on 23 and 24 January 2024 to consider applications by the Proposed Defendants in relation to service out, jurisdiction and strike-out/summary judgment. The Tribunal's judgment dismissing the applications was published on 12 April 2024.
The first case management conference was held on 7 June 2024. The CPO hearing took place on 16 September 2024.
A CMC took place on 23 September 2024 to consider the interaction between these proceedings and Case No. 1403/7/7/21, Dr Rachael Kent v Apple Inc. and Apple Distribution International Ltd. On 8 November 2024, the Tribunal issued its ruling that these proceedings should proceed independently of the Kent proceedings ([2024] CAT 64).
The Tribunal issued a judgment on 18 October 2024 ([2024] CAT 58) granting Dr Ennis' application for a collective proceedings order. Apple applied to the Court of Appeal for permission to appeal the Judgment, which was refused on 17 February 2025.
A CMC took place on 14 April 2025.
A hearing took place on 22 April 2026 to consider the Defendant's application of 23 February 2026 to decertify the proceedings on the grounds that the conditions for certification on an opt-out basis are not met in light of the judgment of the UK Supreme Court of 18 December 2025 in Evans v Barclays Bank Plc [2025] UKSC 48.
A further CMC is listed for 6 May 2026.
