Apple Claim

Apple Claim

In June 2022, Mr Justin Gutmann, a veteran consumer-rights advocate represented by Charles Lyndon, brought a collective action in the Competition Appeal Tribunal against Apple Inc., Apple Distribution International Limited and Apple Retail UK Limited, alleging that Apple abused its dominant position in breach of competition law in relation to iPhone battery issues and the “throttling” of older devices.

The claim, known as “Batterygate”, is brought on behalf of millions of UK iPhone users and is valued at £853 million. It alleges that, rather than dealing fairly and transparently with battery faults that caused certain iPhones to shut down unexpectedly, Apple issued iOS updates containing a “power management feature” that slowed down the affected devices.

Purchasers are said to have paid premium prices for iPhones that then underperformed, and to have suffered losses such as the cost of replacement batteries or early upgrades. The models affected are the iPhone 6, 6 Plus, 6s, 6s Plus, SE, 7 and 7 Plus.

The Tribunal certified the claim as suitable to proceed as a collective action in January 2025. Apple has twice applied unsuccessfully to strike out the claim – first at the certification stage in 2023, and again in early 2026 – and the proceedings continue to be case managed by the Tribunal as the case moves towards trial. The claim proceeds on an opt-out basis, meaning eligible UK class members are generally included automatically; they do not pay to take part and are not liable for Apple’s costs if the claim is unsuccessful.

Mr Gutmann is represented by Charles Lyndon, with counsel from Monckton Chambers and economic advice from Berkeley Research Group. Further information, including eligibility and updates, is available on the dedicated claim website at www.theiphoneclaim.com. The Tribunal’s case page for the proceedings can be found here: https://www.catribunal.org.uk/cases/14687722-mr-justin-gutmann.”

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