UK Apple and Amazon Claim

This website has been created to inform members of the public about the opt-out collective claim brought by Christine Riefa Class Representative Limited against Apple and Amazon in respect of unlawful anticompetitive agreements they entered into which restricted third parties from reselling Apple and Beats products on Amazon.

The claim is against several entities within the Apple and Amazon groups of companies:

• Apple:
  • Apple Inc
  • Apple Distribution International Limited
• Amazon:
  • Amazon.com Inc
  • Amazon Europe Core S.à.r.l
  • Amazon Services Europe S.à.r.l
  • Amazon EU S.à.r.l
  • Amazon.com Services LLC

Together, these entities are referred to as “Apple and Amazon”.

Christine Riefa Class Representative Limited proposes to bring a claim on behalf of all individuals who purchased Apple and Beats products from any retailer (online or in-store) in the UK other than as part of a mobile network operator contract from 31 October 2018.

Christine Riefa Class Representative Limited alleges that Apple and Amazon have breached competition law by entering into and implementing unlawful anticompetitive agreements which restricted third parties from reselling Apple and Beats products on Amazon. As a result of these agreements, customers paid higher prices for Apple and Beats products when purchasing them from any retailer (online or in-store) in the UK other than as part of a mobile network operator contract from 31 October 2018 until present. It is alleged that all such customers are therefore entitled to compensation.

The unlawful anticompetitive agreements entered into by Apple and Amazon have been the subject of regulatory proceedings in Italy and Spain and are being investigated by the German competition authority.

Provided the conditions set out in Question 12, ‘Do I qualify to take part in the collective claim?’ are met, all Apple and Beats electronic products you have purchased are included within the claim, including:

• iPhones;
• iPads;
• iMacs;
• MacBooks;
• Apple TVs;
• HomePods;
• Apple Watches;
• iPods;
• AirPods;
• EarPods;
• Ancillary electronics devices such as monitors, keyboards, mouses, Trackpads, Apple Pencils, Apple Remotes, power adaptors, chargers, cables, connectors, and cases; and
• Beats wired and wireless headphones and earphones.

However, purchases of any of these products are not included if they were purchased as part of a mobile network operator contract.

Christine Riefa Class Representative Limited has applied to the Competition Appeal Tribunal to act as the class representative on behalf of all individuals who are class members . If the Tribunal grants it permission to take on this role, Christine Riefa Class Representative Limited will bring the claim to the Tribunal on your behalf.

Christine Riefa Class Representative Limited is a company specifically formed by Professor Christine Riefa (who is its sole director and member) for the purpose of bringing this claim against Apple and Amazon. Prof Riefa is a Professor of Law at the University of Reading and an established academic in the field of consumer protection law and policy. She has an extensive background in researching and promoting effective consumer law enforcement within digital markets, including its intersection with competition law, and has hands-on experience of the UK’s collective proceedings regime as part of the consultative group advising the class representative in Case No. 1408/7/7/21 Elizabeth Helen Coll v Alphabet Inc. and Others.

The Competition Appeal Tribunal will decide whether to grant a Collective Proceedings Order by considering if: (a) Christine Riefa Class Representative Limited is a suitable class representative to bring the claim; and (b) the claims are eligible for inclusion in collective proceedings.

Hausfeld & Co. LLP are the lawyers providing legal advice and support to Christine Riefa Class Representative Limited. Hausfeld & Co. LLP is a leading disputes-only law firm specialising in competition law, with significant expertise in all aspects of collective redress and group claims. In particular, Hausfeld & Co. LLP has extensive experience in managing litigation against global “Big Tech” companies, including opt-out collective claims such as these.

The costs of bringing the claim are covered by a highly experienced commercial litigation funder who is a Funder Member of the Association of Litigation Funders of England and Wales and abides by its Code of Conduct.

A collective claim (also known as ‘collective proceedings’) is brought by a class representative on behalf of a group of claimants who have suffered similar loss as a result of a breach of competition law. The group of claimants is referred to as a ‘class’ and each claimant in the group is referred to as a ‘class member’.

Collective proceedings can either be brought on an ‘opt-out’ or an ‘opt-in’ basis. Christine Riefa Class Representative Limited is bringing this proposed claim on an ‘opt-out’ basis, which means that any individual who meets the class definition will be automatically included as a class member without the need to take further steps.

Collective claims in the UK can only be brought in the Competition Appeal Tribunal, which specialises in resolving competition law disputes.

The collective claim is brought on an opt-out basis for individuals domiciled in the UK.

If you are domiciled in the UK and fall within the definition of the ‘class’, you will automatically be included in Christine Riefa Class Representative Limited’s proposed collective claim and will be bound by any judgment or settlement, unless you choose to opt-out of the proceedings.

Please register your interest by clicking the ‘Stay up to date’ button on this website to ensure that you are notified of all developments in the claim.

Christine Riefa Class Representative Limited has applied to be certified by the Competition Appeal Tribunal to act as the class representative. Christine Riefa Class Representative Limited proposes to conduct the claim against Apple and Amazon on behalf of all class members, save those that choose to opt out of the claim. It will be open to class members to opt out once the claim is certified to proceed to trial.

If appointed as the class representative, Christine Riefa Class Representative Limited will be responsible for communicating with and issuing formal notices to the class members and will so do via updates and announcements posted on this website, email correspondence and written notices where appropriate.

The collective claim was filed on 25 July 2023. This is the first step for collective claims and requests that the Competition Appeal Tribunal certify that (a) the class representative is suitable to be authorised to represent the class and (b) that the claim is suitable to be brought as a collective claim.

Christine Riefa Class Representative Limited’s application for a Collective Proceedings Order is scheduled to be heard by the Competition Appeal Tribunal on 11-12 July 2024. At the hearing, the Competition Appeal Tribunal may ‘certify’ Christine Riefa Class Representative Limited’s claim (i.e., grant its application for a Collective Proceedings Order so the claim can proceed to trial) or may decline to do so.

If the collective claim proceeds all the way to trial (i.e. if it is not settled beforehand), the Competition Appeal Tribunal will decide whether to make an aggregate award of damages. If made, the award will be distributed to class members based on a distribution method approved by the Competition Appeal Tribunal. Generally, disputes of this scale take a number of years to resolve.

Please register by clicking the ‘Stay up to date’ button on this website to be notified of developments directly.

The claim could settle at any point. Any settlement reached between Christine Riefa Class Representative Limited and one or both of Apple and Amazon must first be approved by the Competition Appeal Tribunal, who will consider whether the settlement terms are just and reasonable. If Christine Riefa Class Representative Limited settles the claim in exchange for a sum of money from Apple and/or Amazon, that sum of money will be distributed to class members.

If you meet the criteria of the proposed class for the proposed collective claim (see below) you will automatically be included in the collective claim if the Tribunal certifies the claim (unless you opt out of it).

The class consists of all individuals, domiciled in the UK, who purchased Apple and Beats products from any retailer (online or in-store) in the UK other than as part of a mobile network operator contract from 31 October 2018.

To be a member of the class you must:

1. Have purchased one or more Apple or Beats products from 31 October 2018.
2. Have purchased new Apple or Beats products, rather than used and/or refurbished.
3. Have purchased the product(s) from a retailer (online or in-store) in the UK, other than as part of a mobile network operator contract.
4. Be an individual who does not have a business selling Apple or Beats products
5. Have been living in the UK when you made the purchase(s).
6. Not fall within one of the excluded categories (click here for more information).

Purchases of mobile internet-enabled Apple products such as an iPhone, iPad or Apple Watch are within the claim provided you have not purchased the product as part of a mobile network operator contract. For example, if you purchased an iPhone on a 24-month contract from your mobile network operator, your purchase is not within the claim.

At this stage, if you fall within the class that Christine Riefa Class Representative Limited intends to represent, you do not need to take any steps to be included within the claim. Updates on any developments will promptly be posted on this website so that you can stay up to date. In addition, if you register your interest in the proposed collective claim, you will be notified of developments directly by email.

In the event that Christine Riefa Class Representative Limited secures compensation for the class, you will need to come forward and claim your share of any damages. Details of how to do this will be uploaded to this website in due course.

Christine Riefa Class Representative Limited is seeking an aggregate award of damages in the sum of £494m (excluding interest) in respect of class members who purchased Apple or Beats products from Amazon, and a further sum of damages yet to be quantified in respect of class members who purchased Apple or Beats products from other retailers in the UK. Any aggregate award of damages will then need to be distributed to eligible class members.

As a class member, you will not incur any costs of taking part in the collective claim, nor will you be liable to Apple or Amazon for their costs should the collective claim be unsuccessful.

Yes, you can. We encourage you to discuss the case with colleagues, friends and family, as well as sharing updates on social media.

Any person with an interest (including anyone who would be a member of the proposed class) may object to the CPO application or the authorisation of Christine Riefa Class Representative Limited as the class representative.

If you wish to file an objection, you must write to the Tribunal stating your reasons for objecting and send them by post, fax, or email so they are received no later than 16 May 2024 at 4pm, to Registry@catribunal.org.uk or the following address:

The Registrar Competition Appeal Tribunal
Salisbury Square House
8 Salisbury Square London EC8Y 8AP
www.catribunal.org.uk

When writing to the Tribunal you must include the following reference: ‘Christine Riefa Class Representative Limited v Apple Inc. & Others, Case No. 1602/7/7/23’.

Any person with an interest (including any proposed class member) can also apply to the Tribunal for permission to make written and/or oral submissions at the certification hearing commencing on 11 July 2024. Any such application must be made in writing, supported by reasons, and sent by post to the above address or by email to Registry@catribunal.org.uk so it is received no later than 16 May 2024 at 4 pm.

If you have questions or would like any further information, please contact Christine Riefa Class Representative Limited’s legal team here.

For media information please contact:

Palatine at ukAAclaim@palatine-media.com.