The Competition Appeal Tribunal has granted an application for a Collective Proceedings Order (“CPO”) in respect of a claim brought against Google on behalf of millions of UK consumers.
Nikki Stopford, the Proposed Class Representative, alleges two separate but related abuses by Google: (1) the Android Conduct, whereby under arrangements dating from at least 2009, Google permitted its “app store” (known as the Play Store) to be installed on Android mobile devices only if Google’s own search app was also installed, together with Google’s own browser, Google Chrome (on which Google Search is the default search engine); and (2) the iOS Conduct, whereby Google has in parallel entered into agreements with Apple under which Google is awarded the exclusive default search engine status on the “Safari” browser that is pre-installed on Apple’s devices in return for a share of Google’s corresponding mobile search advertising revenues. Such conduct is alleged to have caused an increase in the price of goods sold by businesses that advertise on Google.
The judgment, in which the CAT rejected Google’s application for strike out/summary judgment, follows a two-day hearing at which Ms Stopford was represented by Mehdi Baiou, led by Ben Lask KC.
A copy of the judgment is here.