Consumers Association v Qualcomm Incorporated [2023] CAT 9 (17 February 2023)

Consumers Association v Qualcomm Incorporated [2023] CAT 9 (17 February 2023)

The Tribunal held that the claims raised by the Consumers' Association against Qualcomm are suitable for collective proceedings, that there are sufficient common issues, and that the Consumers' Association is an appropriate class representative. Certification was therefore granted.

Citation
[2023] CAT 9
Parties
Applicant: Consumers' Association; Respondent: Qualcomm Incorporated
Jurisdiction
United Kingdom
Judgment Date
17 February 2023
Procedural Posture
Competition Appeal / Judgment
Outcome
Application for collective proceedings certification granted
Legal Topics
Collective Proceedings, Class Certification, Dominance Abuse
Competition Law Collective Proceedings Class Certification Dominance Abuse

Case Brief

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Parties

Consumers' Association

Applicant

Qualcomm Incorporated

Respondent

Procedural Posture

Competition Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed collective proceedings against Qualcomm should be certified under section 47B of the Competition Act 1998
  2. 2 Whether the claims raise common issues suitable for collective proceedings
  3. 3 Whether the applicant is an appropriate class representative

Ratio Decidendi

The Tribunal held that the claims raised by the Consumers' Association against Qualcomm are suitable for collective proceedings, that there are sufficient common issues, and that the Consumers' Association is an appropriate class representative. Certification was therefore granted.

Court Disposition

Application for collective proceedings certification granted

Orders

  • The claims are certified as eligible for inclusion in collective proceedings.
  • The Consumers' Association is authorised as class representative.