James Daley, an eminent financial campaigner and journalist, is working with Milberg London to bring a claim against Apple for abuse of its dominant position in relation to Apple Pay. James Daley has secured a significant funding facility with Omni Bridgeway, the global leader in legal finance, to support the claim. This is the first collective legal action of its kind against Apple in the UK.
In addition to securing funding, James Daley has engaged barristers Thomas de la Mare KC of Blackstone Chambers and Julian Gregory and Alastair Holder Ross of Monckton Chambers. James Daley has also enlisted the support of a team of leading economists from Oxera Consulting LLP, who bring significant industry experience to the claim.
James Daley is seeking to represent approximately 50 million UK consumers who have suffered harm as a result of Apple using its market dominance to ensure Apple Pay has been the only mobile wallet available for iPhone users and Apple’s imposition of unfair commercial terms to card issuers, including fees. These costs are ultimately borne by consumers in the form of higher charges across a range of banking products – whether or not they use Apple Pay or even own an iPhone or Apple device. Similar concerns about Apple Pay have already been the subject of regulatory investigations in other countries, and legal proceedings are underway in foreign courts.
Milberg London has issued a Letter Before Action to Apple and expects to file the claim with the Competition Appeal Tribunal within weeks.
Milberg London’s team is led by Partner Zena Prodromou and Managing Partner James Oldnall.
Zena Prodromou, Partner at Milberg, said, “This is the first claim of its kind in the UK, and I’m delighted we have been instructed to take this case against Apple before the Competition Appeal Tribunal.
“James is seeking compensation for the many millions of UK consumers affected by Apple’s alleged anti-competitive conduct. We argue that Apple has abused its dominant position in the iPhone ecosystem and that its anti-competitive practices in relation to Apple Pay have caused card issuers additional costs that are ultimately borne by the UK consumer.
“The line-up of economists and counsel working with us on James’ case is stellar. I’m excited to be leading the Milberg team on this landmark litigation with Omni’s support.”
Simon Latham, Investment Manager at Omni Bridgeway said: “Class actions are vital as they often represent the only avenue for consumers to gain access to justice. We recognise that for most people the thought of litigation and the associated costs is daunting, but equally they want to see those that break the rules held to account. As specialists in providing financing for big claims, like this one against Apple, Omni Bridgeway is proud to support the Proposed Class Representative as well as a regime that provides access to justice and fairly compensates consumers.”
Joseph Bell, Partner at Oxera said: “In cases such as this, rigorous economic and financial analysis is essential to help courts and tribunals assess the impact of alleged anti-competitive practices on consumers and markets. I’m pleased to be able to contribute our expertise to this case to support the fair functioning of competition and to help ensure these issues are considered through robust, evidence-based economics.”
This is the third competition claim in three years for Milberg London’s fast-growing Competition Litigation practice led by Natasha Pearman, Partner and Head of Competition Litigation.
Natasha Pearman, Milberg’s Head of Competition Litigation, added: “This claim will be the third in three years for the Milberg competition team and I’m proud to be leading a growing team that is making a significant contribution to levelling the playing field for UK consumers against dominant companies that we believe have acted unfairly, broken the law and harmed consumers.” Additional information about the claim and how consumers can sign up and stay up to date can be found on the dedicated Apple Pay claim website on Consumer Voice.