CAT Turns Down Apple in Attempt to Stop App Developers’ Claim to Move Forward

The Competition Appeal Tribunal has ruled against an application filed by Apple Inc to ‘decertify’ the collective action first filed by Dr Sean Ennis in 2023 on behalf of thousands of UK app developers.

The collective action alleges that Apple, through its App Store, abused its dominant market position and for years overcharged app developers for marketing their software products on the platform.

Apple’s application was made pursuant to the judgment of the UK Supreme Court in Evans v Barclays, which Apple said demonstrated that the claim could not continue on an “opt-out” basis.

In its judgment refusing the application, the CAT confirmed its 2024 ruling that the claim is suitable to be brought on an opt-out basis, allowing app developers to automatically be included in the class without having to proactively register to join the lawsuit. A link to the judgment is available here.

Class representative Dr Sean Ennis commenting on the judgment, said: “I am pleased that the CAT sided with UK app developers in allowing this collective action to continue before the tribunal. We look forward to pursuing this claim on behalf of the developers who have been subjected to excessive commission fees for their software products to be marketed on the Apple App Store. Decertifying the proceedings would have led to substantial unfairness, harming app developers who don’t have the means to stand up against a technology giant such as Apple or who are unwilling to do so.”

Scott+Scott UK Managing Partner Cian Mansfield added: “We are delighted to have resisted this opportunistic attempt at stopping the claim – key aspects of which the CAT has described in its judgment as ‘unusually strong’ – and look forward to pursuing the claim to trial and damages for the class members. We are also pleased to see the Tribunal’s recognition of the relevance of the litigation funding arrangements to its decision, given the pivotal role that litigation funders play in collective proceedings.”

In June 2025, the CAT ordered that an 8-week trial of Dr Ennis’s claim is to be listed from the first available date on or after 7 February 2028. The claim follows a successful claim (on which the CAT gave judgment in October 2025) brought on behalf of UK consumers in which Apple was found to have charged excessive and unfair App Store commission; Apple has sought permission to appeal the judgment in the consumer claim.