CAT rejects Apple decertification application in collective proceedings

25/06/26

On 25 June 2026, the CAT rejected an application by Apple for decertification of the opt-out collective proceedings in the case of Dr Sean Ennis v Apple.  Dr Ennis has brought a claim for abuse of dominance that Apple’s commission charges on developers are excessive and unlawful.  The proceedings were certified as opt-out proceedings by the CAT in 2024.  Following the Supreme Court ruling in Evans (see here), Apple applied to decertify the proceedings, arguing that the opt-out certification granted was no longer appropriate.   The CAT rejected the application.  Its ruling contains guidance on various issues, including the scope to revisit certification, opt-out versus opt-in, the relevance of funding, and how non-economic considerations can affect opt-out.

A copy of the judgment is here.