Status
Application by Dr. Rachael Kent to commence collective proceedings under section 47B of the Competition Act 1998 (the "CPO Application"). The proposed collective proceedings would combine standalone claims against Apple Inc. and Apple Distribution International Ltd for loss and damage caused by alleged breaches of statutory duty by infringing Article 102 of the Treaty on the Functioning of the European Union (prior to 31 December 2020) and section 18 of the Competition Act 1998, which prohibit the abuse of a dominant position.
A case management conference took place remotely on 14 December 2021. On 21 December 2021, the Tribunal issued a Ruling in relation to the disclosure of funding arrangements ([2021] CAT 37).
The CPO Application hearing took place on 4 and 5 May 2022. The Tribunal issued its Judgment on 29 June 2022 ([2022] CAT 28).
A case management conference took place on 12-13 September 2022. On 18 October 2022, the Tribunal issued its Ruling refusing the Defendants' application for a split trial ([2022] CAT 45).
A case management conference to consider matters relating to disclosure took place on 27 February 2023. The Chair made two ex tempore Rulings during the hearing.
A further case management conference to consider the parties' expert proposals and further matters relating to disclosure took place on 20 and 21 March 2023. The Chair made one ex tempore Ruling during the hearing. The Chair gave a further Ruling on disclosure on 29 March 2023 ([2023] CAT 20).
The Panel gave a Ruling on expert evidence on 5 April 2023 ([2023] CAT 22).
A further CMC took place on 14 December 2023.
The Panel gave a Ruling on the Class Representative's funding arrangements on 19 January 2024 ([2024] CAT 5).
A CMC took place on 23 September 2024 to consider the interaction between these proceedings and Case No. 1601/7/7/23, Dr Sean Ennis v Apple Inc and Others. on 8 November 2024, the Tribunal issued its ruling that these proceedings continue in accordance with the existing timetable independently of the Ennis proceedings which will be managed separately.
The Pre-Trial Review was held on 15 November 2024, and the trial is scheduled to start on 6 January 2025, with a provisional time estimate of eight weeks, including one week of pre-reading.
