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Jurisdiction challenge in Apple class action dismissed

22/04/24

On 12 April 2024, the Competition Appeal Tribunal dismissed an application by Apple challenging the jurisdiction of the English courts over a competition law class action brought by app developers over Apple’s fees and commercial practices. The ruling addresses issues of applicable law, territorial jurisdiction under competition law/public international law in the context of digital products, and the nature of exceptional circumstances justifying departure from service in accordance with the Hague Service Convention.

The judgment is here.

Robert O'Donoghue KC acted for the class representative, instructed by Geradin Partners

Daniel Piccinin KC acted for Apple, instructed by Gibson, Dunn and Crutcher UK LLP