Application by Consumers’ Association ("Which?") to commence collective proceedings under section 47B of the Competition Act 1998. The proposed collective proceedings would combine standalone claims against Qualcomm Incorporated ("Qualcomm") for damages caused by alleged breaches of statutory duty in infringing the Chapter II prohibition on abuse of dominance in section 18 of the Competition Act 1998 and, until 31 December 2020, Article 102 of the Treaty on the Functioning of the European Union prohibiting the abuse of dominance.
On 25 May 2021 Qualcomm filed an application to dispute the Tribunal's jurisdiction. The application was withdrawn by consent on 3 November 2021 and the hearing of the application listed for 8 November 2021 has been vacated.
A case management conference took place on 9 November 2021 where the Tribunal gave directions for the future conduct of the proceedings.
On 24 December 2021, Which? made an application to amend the class definition in its collective proceedings claim form. On 5 January 2022 the Tribunal made an order permitting the amendment.
The hearing of the CPO Application took place on 30 March to 1 April 2022. The Tribunal issued its judgment in respect of the CPO Application on 17 May 2022 ([2022] CAT 20), and the Collective Proceedings Order was made on 4 July 2022. The costs of the CPO Application were determined on the papers by Order of the Chair dated 4 July 2022.
A second case management conference took place on 13 January 2023 where the Tribunal gave directions for the future conduct of the proceedings. At the second case management conference, Which? made an application for specific disclosure and the Tribunal gave its Ruling ([2023] CAT 4). Qualcomm made a strike-out application in respect of a particular passage in Which?'s Reply. On 17 February 2023, the Tribunal issued its Ruling ([2023] CAT 9) granting Qualcomm's application.
A third case management conference took place on 5 July 2023 where the Tribunal determined an application made on 26 June 2023 by Which? for permission to amend its Re-Amended Claim Form (the "Pleading Amendments Application") and gave further directions for the future conduct of the proceedings. On 31 July 2023, the Tribunal issued its Ruling giving written reasons for its decision in relation to certain proposed amendments in Which?'s Pleading Amendments Application ([2023] CAT 51). On 20 October 2023, the Tribunal gave its Ruling ([2023] CAT 64) refusing the Class Representative's application for permission to appeal the Ruling on pleading amendments.
A fourth case management conference took place on 9-10 January 2024. On 30 January 2024, the Tribunal made an order permitting an amendment to the class definition as agreed between the parties. On 1 March 2024, the Chair made an order extending several deadlines for disclosure, as agreed between the parties.
A fifth case management conference is listed for 29 July 2024.
On 8 March 2024, the Chair made an order designating Professor Carl Shapiro as an Inner and Outer Confidentiality Ring Member. On 11 March 2024, the Chair made an order requiring the Defendant to include Mr David Wise as an additional custodian when carrying out searches responsive to its disclosure obligations, as agreed between the parties.
Following an application by Which? relating to Expert Topics and Rate Setting, a hearing was listed on 21 June 2024. The Tribunal made an order in relation to both points on 26 June 2024.
