United Kingdom: Issued interim judgment allowing for the continuation of lawsuit alleging unilateral conduct in the App Store (Dr Sean Ennis v Apple Inc)

On 12 April 2024, the Competition Appeal Tribunal issued a judgment against Apple Inc., concerning its applications for strike-out/summary judgment, jurisdiction, and service out in a case involving commission charges on transactions via its app stores. The Tribunal unanimously decided that the Proposed Class Representative (PCR) has a realistic prospect of establishing that the UK law governs the claim and that Apple's conduct falls within the territorial scope of section 18 of the Competition Act 1998 and/or Article 102 of the Treaty for the Functioning of the European Union. It was determined that the Tribunal is the appropriate forum for the trial of the PCR's claims regarding commissions charged on transactions via non-UK storefronts. Furthermore, the Tribunal found no breach of duty in the PCR's application for permission to serve out of the jurisdiction, dismissing Apple's applications accordingly.