Frequently Asked Questions
The claim is about Google’s conduct in the market for the distribution of third-party apps via the Play Store. The claim alleges that Google holds a dominant position in the licensable smart mobile operating system market and the Android app distribution market, and that it has abused its dominant position by intentionally hindering other ways for developers to distribute their apps, and by charging app developers an excessive and unfair commission of up to 30% on user payments.
Economic analysis by Professor Rodger’s expert Professor Amelia Fletcher shows that Google has used its dominant position in app distribution to charge commissions on app developers that are excessive, especially considering the significant value brought by app developers.
Apps contribute significantly to the value of Android devices; without them, customers would not be willing to pay as much for the devices, or would not buy them at all. The commission is unfair because it is set at a level that does not recognise or reflect that significant contribution. It merely reflects Google’s bottleneck power.
Professor Rodger’s case is that Google’s abuse has caused substantial loss to UK-based app developers that received revenue from the sale of their apps via the Play Store (or through transactions within their apps). Had Google acted lawfully, it would have charged a commission that was considerably lower. Furthermore, the losses to app developers are ongoing and will continue to mount until Google accepts its liability, pays compensation to the app developers, and adjusts its behaviour. Such compensation should reflect the higher profits that UK-based app developers would have earned if Google had not acted in breach of competition law.
If you are a UK domiciled third-party app developer and sold digital content through apps distributed from the Play Store from August 2018 then you could benefit from this claim against Google.
You will automatically be included in the class and potentially eligible for compensation in due course if (1) the Competition Appeal Tribunal gives permission for this case to proceed and (2) you do not actively opt out of the claim.
The ‘opt-out’ procedure is often used in class actions. In this case, it simply means that you’ll automatically be included in this claim if you are an affected app developer, unless you state you’d prefer not to be involved, and opt-out. Should you wish to opt-out, you will not need to let us know until further down the line if the claim is given permission to proceed by the Competition Appeal Tribunal, which will be covered extensively in the press.
Right now, nothing. There is no requirement for you to participate at this point. You can register by following the Register button above to be kept updated on the progress of this claim.
The claim is against Google and specifically the various companies that form part of the Google group of companies. Depending on the territory of the end-user, these companies act as the agents for the marketing and end-user downloads of apps developed by UK domiciled developers or are otherwise connected to the UK developer’s sale of apps on the Play Store.
Professor Barry Rodger is the proposed class representative. He is a prominent competition law academic and has been a Professor at Strathclyde University Law School since 2001. Barry is championing the cause for UK app developers who should have earned more from the sales of their apps and in-app purchases over recent years.
Geradin Partners is working with Professor Rodger to bring this claim. Geradin Partners is a leading pan-European law firm specialising in competition law and digital markets, with extensive experience in collective action claims before the CAT.
Should Professor Barry Rodger be authorised to act as the class representative for this claim, he will be responsible for, amongst other things, communicating with the class and issuing formal notices to the class members. Professor Barry Rodger will make decisions on the conduct of the claim and evaluate any settlement offer that Google may make and decide whether to present it to the Competition Appeal Tribunal for approval.
You do not need to pay anything for this claim. This is a funded claim which means that you will not need to pay for any legal fees to be included in this claim and instead a third party is paying for these costs. The funder, Bench Walk Advisors, has committed to fund all elements of the claim. You will also not be at risk of having to pay for Google’s legal costs should the claim not succeed, as the funder will cover any adverse costs and this risk is mitigated by it having obtained ‘after the event’ insurance.
Compensation will be for losses as a result of Google’s anti-competitive conduct. Professor Rodger’s economics expert estimates that the total value of the claim is up to £1.04 billion. The precise value of the claim will become better known once the expert is able to analyse data which Google will be asked to provide at a later stage of the claim.
Affected app developers will be entitled to a share of compensation, but please note that recovery is not guaranteed. Should Professor Barry Rodger be certified to act as the class representative, he will need to prove his case at trial unless the case settles.
It could take a few years for the claim to reach a resolution. It may be that the claim will settle without having to go to trial in which case compensation could be available sooner.
Collective proceedings are commonly referred to as a class action, class claim, a group claim or a group action. This is a form of court or tribunal procedure which enables a class representative to bring proceedings on behalf of numerous people affected by an infringement of EU or UK competition law.
Before the claim can proceed, the Competition Appeal Tribunal must make a collective proceedings order (CPO) which authorises the class representative to act on behalf of the class and also deems the claim to be suitable to be brought as a collective claim. Once the CPO is made, the class representative will have to prove his case at trial.
This claim has been filed at the Competition Appeal Tribunal. The Tribunal is a specialist judicial body that is based in London but covers the whole of the UK and hears certain competition law and regulatory disputes. The Tribunal publishes its Rules and Guidance, together with information about what it does, on its website www.catribunal.org.uk.
An application was made to the Competition Appeal Tribunal in August 2024 for a Collective Proceedings Order (CPO). The Tribunal will decide whether to give permission for the claim to proceed as a collective action and whether the class representative is suitable to bring the claim. Please check this website for any further updates and in particular to see whether the claim has been given permission to proceed.
You will receive updates about the progress of this claim when you sign up to follow the case using the Register button above. In addition, you can track the updates of the claim via this website and via social media channels.