Competition Appeal Tribunal Judgment, Collective cases

Competition Appeal Tribunal Judgment, Collective cases

Charles Lyndon represents consumers and businesses in complex competition disputes, with particular expertise in collective proceedings before the Competition Appeal Tribunal (the “CAT”). We’ve been at the forefront of the UK’s developing opt-out regime, using it to secure compensation for large groups of people affected by anti-competitive behaviour. Opt-out proceedings allow claims to be brought efficiently and at scale: eligible class members are automatically included unless they choose to opt out, which means that widespread harm from breaches of competition law can be tackled collectively.

We have extensive experience taking these cases from initial investigation right through to certification, case management, trial, settlement approval, and distribution. We work closely with class representatives, economists, funders, and counsel to build strong competition law claims.

We are currently pursuing several high-profile collective cases on behalf of millions of consumers. In the iPhone Claim, we represent Mr Justin Gutmann, the class representative, in his proceedings against Apple over alleged performance-throttling through software updates. In the Mobile Operator Loyalty Penalty Claim, we act for Mr Gutmann in his challenge against major UK mobile operators for allegedly overcharging customers who remained on bundled contracts after the handset cost had been repaid. And in the Amazon Buy Box Claim, we are helping Mr Robert Hammond, the class representative, take action over allegations that Amazon’s “Buy Box” design misled consumers by favouring offers that were not necessarily the most affordable available. All three proceedings are being brought on an opt-out basis, ensuring that millions of affected consumers can obtain redress.

We also acted for Mr Gutmann, the class representative, in collective proceedings concerning fares on the South Western rail franchise, securing one of the first opt-out settlements approved by the CAT. The case raised several novel questions about settlement structure, and through our work on the settlement approval process, we established important precedents that are shaping how the opt-out regime works in practice, reflecting Charles Lyndon’s leading role in defining the legal framework for competition collective actions in England.