Collective action against Meta is refused certification but given opportunity to amend

 

Collective action against Meta is refused certification but given opportunity to amend

The Competition Appeal Tribunal (CAT) has given judgment on an application for a collective proceedings order (CPO) under section 47B of the Competition Act 1998, against Meta Platforms, Inc, Meta Platforms Ireland Limited and Facebook UK Limited (Meta).

The proposed collective proceedings would combine opt-out stand-alone claims for damages caused to a class of UK users of Facebook between February 2016 and December 2019.

Meta is alleged to have abused its dominant position contrary to Chapter II of the UK Competition Act 1998.  The allegedly abusive conduct comprises the imposition of terms and conditions imposed on Facebook users that require them to disclose personal data that is unnecessary and disproportionate.  It is further alleged that Meta has charged an unfair high price by requiring the disclosure of valuable personal data for the provision of social networking services.

The CAT found that the expert methodology relied on by the proposed class representative for establishing loss on a class-wide basis was inadequate and it was unable to grant a CPO.  However, the CAT has ordered that the application be stayed for six months so that the proposed class representative can reassess the methodology and file new evidence.

Dr Liza Lovdahl Gormsen v Meta Platforms, Inc and others [2023] CAT 10