The Competition
Appeal Tribunal (CAT) has ruled on relief from sanctions in the collective
proceedings brought by Dr Rachael Kent (the Class Representative (CR)), under
section 47B of the Competition Act 1998.
The
proceedings allege that Apple has abused a dominant position, in breach of
Article 102 of the TFEU and the Chapter II prohibition of the Competition Act.
The alleged
infringements involve requiring iOS App developers to distribute iOS Apps
exclusively via the Apple App Store. It is
further alleged that Apple device users are charged excessive and unfair prices
represented by a commission charged by Apple on all purchases over Apple
payment system.
In August
2023, the CAT ordered that the parties serve signed statements of witnesses of
fact by 26 January 2024. The CR sought relief from the sanction set out in CAT
Rule 55(2), to submit a witness statement of Christian Owens, dated 13 May
2024.
Although the
failure to provide witness statements in accordance with the timetable directed
by the CAT is a serious matter, the CAT concluded that the failure in this case
was not of material significance and at the lower end of seriousness for the
type of breach. It was found that Mr Owens gave evidence on 11 April 2024 in
proceedings in an Australian court against Apple entities and the CR only
became aware of that evidence shortly thereafter.
Dr
Rachael Kent v Apple Inc and Apple Distribution International Ltd [2024] CAT 40, ruling on relief from
sanctions
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