CAT finds Apple’s App Store practices unlawful

27/10/25

In a judgment published yesterday, the Competition Appeal Tribunal has upheld a claim brought on behalf of a class of approximately 36 million iPhone and iPad users.

The Class Representative, Dr Rachael Kent, alleged that Apple had abused dominant positions in markets for iOS app distribution services and iOS in-app payment services by excluding competition from rival providers of those services. Dr Kent also alleged that the commission charged by Apple to developers in relation to purchases of and within iOS apps was abusive.

The Tribunal held that:

1. Apple is dominant in the markets for iOS app distribution services and iOS in-app payment services.
2. Apple had abused its dominant positions by requiring that (i) iOS apps could only be distributed through the App Store and (ii) payments for iOS apps and in-app purchases within iOS apps could only be made using Apple’s payment systems.
3. Apple could not rely on the Magill line of cases.
4. Apple has abused its dominant position by charging unfair prices in the form of the commission it charges developers.
5. Apple’s conduct was not objectively justified.
6. iOS device users had suffered loss as a result of Apple’s conduct, with damages to be calculated following judgment.
7. Interest was payable at 8% on those damages.

This is the first damages award under the collective proceedings regime. The judgment also addresses a number of important points of principle and will therefore be of interest to competition lawyers generally.

The judgment can be found here.