This website has been created to inform members of the public about the collective claim in relation to charges in the App Store.Back To Top
The claim is on behalf of consumers and businesses who have spent money on digital content within the App Store.
Dr Rachael Kent alleges that Apple has breached competition law by excluding competition and/or charging an unlawful level of commission on digital purchases in the App Store.Back To Top
The collective claim is against Apple.Back To Top
Apple has allegedly breached competition law by abusing its dominant position by excluding competition and/or charging an unfair and excessive level of commission; usually as much as 30%. As a result, consumers and businesses are very likely to have suffered financial loss and are entitled to damages.Back To Top
The class representative is Dr Rachael Kent. Dr Kent has dedicated her professional life to researching consumers’ interactions with digital platforms and apps, including in relation to issues around the cost of paid apps and in-app purchases.
As a lecturer in Digital Economy and Society Education at King’s College London, Dr Kent’s teaching and research focusses on how digital platforms impact society and consumer behaviour and welfare. Dr Kent also works as a digital health consultant, providing support and advice to government, individuals and businesses, based on her research.
Prior to becoming a lecturer at King’s College, Dr Kent held a position at Resolver Consumer Online Limited, an independent online consumer complaint tool. She was responsible for improving the tool for users and handling complaints about companies’ unlawful and unethical practices.
Dr Kent is passionate about representing the welfare and rights of consumers and bringing the collective claim. If Dr Kent is successful, every member of the class of consumers may be entitled to damages.Back To Top
If Apple is found to hold a dominant position, it has a special responsibility to ensure its conduct does not subject its customers to unfair prices or trading conditions. This includes a responsibility not to engage in conduct that forecloses the market to competition and not to charge excessive prices. In an age where there is an increasing use of digital platforms and apps by consumers and businesses, it is even more essential that they are treated fairly.Back To Top
Hausfeld & Co. LLP is a leading international law firm specialising in competition law, with significant expertise in all aspects of collective redress and group claims – often acting against some of the largest corporations in the world. Hausfeld & Co LLP is experienced in managing litigation against global “Big Tech” companies.Back To Top
About collective claims
A collective claim (also known as ‘collective proceedings’) is brought by a class representative on behalf of a group of claimants who have suffered loss as a result of a breach of competition law. The group of claimants is referred to as a ‘class’ and each claimant in the group is referred to as a ‘class member’.Back To Top
Collective claims can only be brought in the Competition Appeal Tribunal, which specialises in resolving competition law disputes.Back To Top
The collective claim is brought on an opt-out basis for individuals and businesses domiciled in the UK.
If you were domiciled in the UK on 5 May 2022, and fall within the definition of the ‘class’, you will automatically be included in Dr Kent’s collective claim and will be bound by any judgment or settlement unless you choose to opt-out of the proceedings by 9 September 2022. Click here for more information on how to opt-out of the claim.
If you wish to take part in the collective claim but were not living, or your business was not domiciled, in the UK on 5 May 2022, you will need to opt-in to the claim by 9 September 2022. Click here for more information on how to opt-in to the claim.Back To Top
Dr Kent has been authorised by the Competition Appeal Tribunal to act as the class representative. Therefore, she is conducting the collective claim against Apple on behalf of all class members, save those that opt out of the claim. Dr Kent is responsible for communicating with and issuing formal notices to the class members. Dr Kent will continue to communicate with the class members via updates and announcements posted on this website, email correspondence and written notices, such as the recent CPO Hearing notice.
To assist her in her role, Dr Kent has established a consultative group of individuals experienced in the legal, consumer and payments sectors relevant to the collective claim.
The members of the consultative group are:
- Dame Elizabeth Gloster – International commercial arbitrator and former Vice-President of the Civil Division of the English Court of Appeal.
- James Walker – Founder of consumer organisations Resolver and JamDoughnut, and board member of Rightly, a consumer data privacy service.
- Kevin Jenkins – Former CEO of Visa UK Ltd, iNED and senior advisor to several banking fintechs, payments organisations and digital transformation service providers.
The collective claim was filed on 11 May 2021 alongside an application for a Collective Proceedings Order. Dr Kent subsequently filed a re-amended claim form on 7 February 2022, which provides a minor amendment to exclude from the class family members of judges presiding over the collective claim.
Dr Kent’s application for a Collective Proceedings Order was subsequently heard by the Competition Appeal Tribunal on 4 and 5 May 2022. At the hearing, the Competition Appeal Tribunal ‘certified’ Dr Kent’s claim (i.e., it granted Dr Kent’s application for a Collective Proceedings Order so the claim can proceed to the next stage, unless it is settled beforehand). At the hearing, the Competition Appeal Tribunal also heard Apple’s application to limit the scope of Dr Kent’s claim. On 29 June 2022, the Competition Appeal Tribunal handed down a judgment explaining why it has certified Dr Kent’s claim and dismissing Apple’s application. Consequently, Dr Kent’s claim is proceeding in full.
If the collective claim proceeds to trial (i.e. if it is not settled beforehand), the Competition Appeal Tribunal will decide whether to make an aggregate award of damages. If made, the award will be distributed to class members based on a distribution method approved by the Competition Appeal Tribunal.
Generally, disputes of this scale take a number of years to resolve. Please register your interest in the collective claim by clicking the 'Stay Up To Date' button on this website to be notified of developments directly.Back To Top
Any settlement reached between Dr Kent and Apple must be approved by the Competition Appeal Tribunal and must be just and reasonable. If Dr Kent settles the claim in exchange for a sum of money from Apple, that sum of money will be distributed to class members.Back To Top
Being a class member
If you meet the criteria of the class for the collective claim and were living or (in the case of businesses) domiciled in the UK on 5 May 2022, you will automatically be included in the collective claim (unless you opt-out of it).
The class consists of all persons who, at any point during the period between 1 October 2015 and the date of final judgment or earlier settlement of this collective claim, made for themselves and/or another person, one or more purchases of an app or digital content, services or subscriptions within an app (excluding Apple apps) from an iPhone or iPad device in the UK storefront of the App Store.
To be a member of the class you (or your business) need to:
- Have made at least one relevant purchase since 1 October 2015. You must have made at least one purchase of an app, or digital content, services or subscriptions within an app since 1 October 2015. To check this just log into your App Store account (also known as your Apple ID) and check “Purchase History”. In your Purchase History you can filter by year and month to identify specific purchases in the claim period. If your Purchase History records that you paid Apple any sum of money since 1 October 2015, then you could be a member of the class.
- Have made that relevant purchase on your iPhone or iPad device. You will only be eligible for inclusion in the class if you made the relevant purchase(s) on your iPhone or iPad. This is because the claim only concerns the version of the App Store that is compatible with the operating systems that iPhones and iPads use to run (the iOS and iPadOS operating systems).
- Have made that relevant purchase in the UK storefront of the App Store. You will only be eligible for inclusion in the class if you used the UK storefront of the App Store to make the relevant purchase(s). To check if you are using the UK storefront of the App Store, simply log into your App Store account (also known as your Apple ID), click on “Country/Region”, and check whether the UK is ticked. If the UK is ticked, you are using the UK storefront of the App Store.
- Be domiciled in the UK on 5 May 2022. The Competition Appeal Tribunal has established a ‘domicile date’ of 5 May 2022 – being the date on which all consumers and businesses who made relevant purchases in the UK storefront of the App Store must be living or domiciled in the UK in order to be members of the class.
Not fall within one of the following excluded categories:
- Officers, directors or employees of Apple, their subsidiaries and any entity in which they have a controlling interest;
- All members of Dr Kent and Apple’s respective legal teams and all experts and professional advisors instructed and retained by them and all funders or insurers involved, in connection with the collective claim;
- All members and staff of the Competition Appeal Tribunal assigned at any point to the collective claim, their parents, their spouses or civil partners or any persons with whom they cohabit, and their children;
- Any judge involved in any appeal in the collective claim and their parents, their spouses or civil partners or any persons with whom they cohabit, and their children;
- Any deceased person; and
Any registered corporate entity with legal personality which:
- has been struck off or dissolved pursuant to the Companies Act 2006 or equivalent legislation applying outside the United Kingdom; or
- has experienced the onset of insolvency within the meaning of section 240(3) of the Insolvency Act 1986 or equivalent legislation applying outside the UK; or
- is dormant within the meaning of the Companies Act 2006 or equivalent legislation applying outside the UK.
If your business was domiciled in the UK on 5 May 2022, and at any point since 1 October 2015 has made for itself, and/or another, one or more purchases of an app or digital content within an app from an iPhone or iPad device in the UK storefront of the App Store then yes, it is very likely to be part of the class.Back To Top
At this stage, class members do not need to do anything, unless you wish to opt-out of the collective case. Updates on any developments will promptly be posted on this website so that you can stay up to date. In addition, if you register your interest in the collective claim, you will be notified of developments directly.
In the event that Dr Kent secures compensation for the class, you will need to come forward and claim your share of any damages. Details of how to do this will be uploaded to this website when appropriate.Back To Top
If you are not a UK resident, or your business was not domiciled in the UK, on 5 May 2022 (even if you were / it was before), you will not automatically be part of the class. However, if you or your business have suffered loss as a result of Apple’s conduct in respect of the UK Storefront of the App Store, you must take steps to opt-in to the class if you want to be part of the claim and be eligible to receive a payment in the future.
You must complete the opt-in form in order to opt-in. The opt-in form can be completed and submitted directly through this website through the opt-in portal, or via email to the following email address: forms@Appstoreclaims.co.uk. If you prefer, you may also opt-in by post. Please send the opt-in form, which can be downloaded here, or a letter to:
UK Apps Administrator
P.O. Box 1435
Sunderland, SR5 9UD
As part of your letter, if you do not use the opt-in form, you must provide your full name, postal address, country of domicile, email address and telephone number, and state that you satisfy the criteria set out in the class definition.
To be considered, your opt-in request must be received or postmarked by 9 September 2022. If you do not opt-in by 9 September 2022 and money later becomes available, the only way for you to be eligible to receive a payment is for the Competition Appeal Tribunal to give you permission to opt-in at a later time. There is no guarantee this permission will be given, so you must opt-in by 9 September 2022 if you want to ensure you are eligible to receive a payment.
Once your opt-in request is received and processed, you will be sent an acknowledgement by email if you have provided an email address, or by post if not.Back To Top
If you or your business meet the class definition but want to be removed from the class, you must send a letter by post by 9 September 2022 to:
UK Apps Administrator
P.O. Box 1435
Sunderland, SR5 9UD
Alternatively, email the following email address: forms@Appstoreclaims.co.uk.
You must include the following statement in your letter or email: “I want to opt-out of the UK collective claim against Apple, Case No. 1403/7/7/21,” along with your full name, postal address, email address and telephone number. Sign and date your opt-out letter or email (you may do so electronically if you are opting out by email). You do not have to give a reason for opting-out. You can download a template letter from this website to assist with this process.
To be processed, your opt-out letter or email must be received or postmarked by 9 September 2022. Once your opt-out letter or email is received and processed, you will be sent an acknowledgement by email if you have provided an email address, or by post if not.
By opting-out, you will not be able to receive a payment from this claim if money becomes available. However, you may be able to bring your own separate claim against Apple for the same issues.Back To Top
How the collective claim will affect you
Dr Kent is seeking an aggregate award of damages in the sum of hundreds of millions of pounds for the class, as a whole. Any aggregate award of damages will then need to be distributed to eligible class members that come forward to claim their share.Back To Top
As a class member, you will not incur any costs of taking part in the collective claim, nor will you be liable to Apple for its costs should the collective claim be unsuccessful.Back To Top
There is nothing preventing you from discussing the case and sharing updates on social media.Back To Top