The Competition Appeal Tribunal (CAT) has handed down its written judgement on Elizabeth Coll’s claim against Google concerning alleged anti-competitive behaviour. We provide an overview of the key findings.
Facts of the case
In July 2021 Elizabeth Coll as Proposed Class Representative (PCR) issued a claim against Google in the Competition Appeal Tribunal (CAT) concerning alleged anti-competitive behaviour arising from Google’s Play Store App.
Ms Coll applied for a collective proceedings order (CPO), which was granted by the CAT “on the spot” in July 2022 pending a written judgment.
The CAT’s written judgment has now been handed down. An overview of the key findings are below.
The CAT’s judgment is a pragmatic and sensible one, which should give confidence to all of its users but particularly PCRs bringing CPO applications with the backing of a litigation funder.
It is clear that the CAT was careful to assess the specific funding arrangements put in place by Ms Coll and, notwithstanding the concerns raised by Google, was satisfied that the relevant statutory requirements under the Competition Act 1998 had been met.
In addition, the fact that the CAT insisted on an oral hearing taking place demonstrates that it recognises its important role in developing this area of the law, which is vital given the increased number of cases we are seeing being filed in the CAT.