A store window in Apple Battersea, where Apple's UK headquarters is located
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A class action lawsuit against Apple over the 30% App Store commission will be launched after a British tribunal rejects the company's arguments for dismissal.
In July 2023, a claim was filed against Apple in the UK on behalf of 1,566 developers based in the country, alleging that Apple's 30% commission was excessive and an abuse of its monopoly position. Then, in January 2024, Apple filed a motion to have the case thrown out entirely by the court.
According to Reuters, the UK Competition Appeal Tribunal rejected the request. Apple argued that the case was untenable because 85% of developers pay nothing to be on the App Store.
Apple also argued that developers cannot make claims in the UK unless they relate to purchases made within the country. Apple lawyer Daniel Piccinin said that only applies to a small minority of plaintiffs in the case.
However, Judge Andrew Lenon ruled that the class action brought by law professor Sean Ennis could proceed. Judge Lenon said in his written judgment that the case had a real chance of establishing that “Apple's overcharging of fees to UK-based app developers in relation to commercial transactions carried out in stores outside the UK does amount to conduct implemented in the UK.” .
In other words, class action plaintiffs may try to argue in court that Apple should not have charged 30% on any app purchases in the UK or abroad.
It is not yet known when the case will be continued.
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