The Competition Appeal Tribunal (CAT) has given judgment on
the application for a collective proceedings order (CPO) brought by Ad Tech
Collective Action LLP (the PCR) under section 47B of the Competition Act 1998,
against Alphabet Inc, Google LLC, Google Ireland Limited and Google UK Limited.
The action concerns an opt-out claim concerning Google's
alleged conduct in relation to sale of digital display advertising.
The application combines two standalone claims originally
brought separately by Mr Claudio Pollack and Mr Charles Arthur for damages
caused by alleged breaches by Google of Article 102 of the TFEU and the Chapter
II prohibition of the Competition Act 1998.
Google argued that the claim form was insufficiently pleaded
so as to preclude certification at this stage because the Pro-Sys v Microsoft
test was not satisfied. The CAT rejected
those arguments.
The CAT held that limitation issues should be dealt with as
part of the main trial, rather than as questions of strike out. The CAT further
held that the points raised by Google as to a potential conflict of interest
within the proposed class would be more effectively dealt with during the
course of proceedings. The CAT also resisted a claim that the PCR should change
the arrangements for its legal representation.
Ad Tech Collective Action LLP v Alphabet Inc and others [2024] CAT 38
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