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UK competition and subsidy control: CAT grants CPO to Which? against Apple; CAT rejects Bristol Airport SCA 2022 challenge; updated UK merger notice request and SPA competition clauses

Published on: 09 April 2026

Published by a LexisNexis Competition expert
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UK Private actions

CAT issues judgment granting CPO to Which? in collective damages action against Apple

The Court of Appeal has handed down its judgment in Consumers’ Association (“Which?”) v Apple Inc, Apple Distribution International Limited, Apple Europe Limited and Apple Retail UK Limited, concerning an application to commence collective proceedings under section 47B of the Competition Act 1998 (CA 1998). Which?, as the proposed class representative, alleges that Apple abused a dominant position in relation to iOS by prioritising its iCloud storage service and constraining competition from rival cloud providers, causing consumer overcharges and limiting choice. The claim advances opt-out standalone damages actions under CA 1998, s 47A, pleading abuse of dominance contrary to Article 102 TFEU and the Chapter II prohibition of CA 1998, said to include technical restrictions and user ‘steering’. The CAT has authorised Which? to act as class representative in opt-out proceedings on behalf of iOS users and concluded that the claims raise common issues appropriate for collective proceedings

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