CAT sets Guardrails for Apple’s Communications with app Developer Class Members in relation to Proceedings on its App Store Distribution Practices
LONDON, 8 September — The Competition Appeal Tribunal today ruled partly in favour of Dr Sean Ennis, class representative for thousands of UK app developers, in a collective action against Apple and the technology giant’s alleged abuse of dominance when charging app developers to market their products through the App Store. While the CAT sided with Apple in relation to questions of privilege, the CAT sided with Dr Ennis in setting guidelines on how Apple will be allowed to communicate with class members.
Why It Matters:
- This decision will set guardrails on how Apple may contact class members and subsequently protect app developers’ rights.
- The ruling requires that any Apple communications with class members must, amongst other things:
- be in writing;
- allow reasonable response periods;
- provide the contact details for Dr Ennis’ solicitors and include links to the CAT’s case-page and to the judgment;
- confirm that refusal to engage with Apple’s disclosure requests will not affect the developer’s commercial relationship with Apple; and
- state that, absent a CAT order, the class member is under no obligation to search or disclose documents.
The decision also confirms that, being bound by a Court of Appeal judgment and contrary to the position in other common law jurisdictions, there is no outright prohibition on defendants communicating with claimants about a claim.
Dr Sean Ennis, Class Representative:
"My priority is to act in the best interest of class members. I am pleased that the Competition Appeal Tribunal has put in place appropriate guardrails for Apple’s communications with class members so that their interests are properly protected and they are clear about their legal rights".
Cian Mansfield, Scott+Scott UK Managing Partner
"This judgment will help enable communications with class members to be fair and balanced. Nonetheless, it is disappointing that, pursuant to a Court of Appeal judgment, the Tribunal has confirmed that English law places fewer constraints than the laws of other common law jurisdictions on a defendant’s ability to engage directly with class members. The legal position in England is ripe for an update in this regard."
The Big Picture:
The proceedings commenced in July 2023 and certified in November 2024. The collective action alleges abuse of dominance in relation to the commission Apple charges app developers, in particular forcing developers to pay excessive fees for distribution and in-app transactions such as subscriptions and access to premium content.
Earlier this year, Apple applied to have the proceedings decertified. Dr Ennis successfully resisted this decertification application with the Tribunal noting that aspects of Dr Ennis’ claim are "unusually strong" (see paragraphs [73] and [84(1)] of the decertification judgment of 25 June 2026). Following the Tribunal’s refusal of Apple’s application for permission to appeal that judgment, Apple has made a further application to the Court of Appeal (which is pending).
Find out more about this claim: https://www.appleappdeveloperclaim.co.uk/about-the-claim/