UK tribunal lets part of renewed antitrust lawsuit against Apple and Amazon proceed

The UK Competition Appeal Tribunal has allowed part of a renewed antitrust lawsuit against Apple and Amazon to proceed. The case concerns allegations that a 2018 agreement restricted competition among sellers of Apple and Beats products on Amazon’s marketplace.

The tribunal allowed claims involving Apple products bought through Amazon’s marketplace but rejected claims covering products purchased directly from Apple and other retailers. The permitted portion of the lawsuit could be worth £289 million to £306 million, including interest.

Judge Kelyn Bacon described the marketplace claims as “plausible, credible and grounded in the facts”. She rejected the wider claims because they relied on a “complex and speculative theory of harm”.

Refiled after an earlier rejection

The proposed class action was first brought in 2023. Consumer law academic Christine Riefa represented the proposed class and alleged that the restrictions reduced competition and raised prices for Apple and Beats products in the UK.

The tribunal refused to certify the case last year, citing concerns about its funding and Riefa’s ability to protect the class independently. The claim was later refiled with Justin Le Patourel as the proposed class representative.

The earlier funding arrangement raised concerns because Asertis could have received a success fee from any damages award before consumers were paid. The tribunal said the arrangement could potentially have left the class with no damages.

Apple told Reuters that its agreement with Amazon was intended to curb counterfeit products and said it strongly disagreed with the lawsuit. Amazon said it was confident the remaining claim would prove to be without merit. A spokesperson for Le Patourel welcomed the ruling but said it was disappointing that parts of the claim had not been certified.