Judgment of the Tribunal further to an application for certification as class representative by Or Brook Class Representative Limited (Brook), in respect of a class of advertisers, in a claim brought against the Proposed Defendants (Google). Brook alleges Google has abused dominant positions held in markets connected with mobile operating systems, app distribution, general search services and search advertising, causing class members to suffer loss. The abuses and harm alleged are substantially similar to those in Case 1606/7/7/23 Nikki Stopford v (1) Alphabet Inc. (2) Google LLC, (3) Google Ireland Limited, and (4) Google UK Limited. Brook sought certification on an opt-out basis, estimating total damages in the region of £5 billion.
Consideration of whether to certify the proceedings followed the resolution of a carriage dispute between Brook and Mr Roger Kaye KC in November 2025, which resulted in a stay of Mr Kaye's proposed claim, with Brook's claim proceeding as the sole proposed collective proceedings in respect of the subject matter.
Google's objections to certification fell, it said, into four groups: (1) issues relating to Brook's funding arrangements and its level of costs; (2) issues with certain amendments the PCR sought to make to its claim form; (3) issues with the PCR's class definition; and (4) whether the proceedings should be certified on an opt-out or opt-in basis.
The Tribunal concluded, first, that the balance of factors overall weighed in favour of certification on an opt-out basis. Second, although it shared some of the concerns raised by Google as to the level of Brook's costs, the Tribunal did not consider that any of these was a bar to certification. Other matters, in particular relating to class definition, continuing loss and limitation, the Tribunal considered would be best resolved by way of a letter of formalisation by Brook provided within 14 days of the publication of this decision.
The proceedings were therefore certified on an opt-out basis.
