Daniel Carall-Green, instructed by Geradin Partners, working alongside Bethanie Chambers of XXIV Old Buildings, and led by Robert O’Donoghue KC of Brick Court Chambers, acted for Prof Barry Rodger in successfully obtaining an opt-out collective proceedings order in relation to Prof Rodger’s case against Google. Prof Rodger’s case is brought on behalf of app developers, and alleges that Google has excluded competition in the market for app distribution, allowing it to impose prices on app developers (in the form of commission on sales made via the Play Store) that are uncompetitive, excessive, and unfair.
Google chose not to oppose Prof Rodger’s application for certification, but raised a number of points in correspondence about Prof Rodger’s funding arrangements. The hearing therefore focused on detailed issues of funding and costs, including (i) whether or not it can be in the best interests of a class for a funder to receive its return before any distribution to the class members, (ii) how increases in the funder’s return ought to be calibrated as to the case goes on, and (iii) what constitutes adequate costs protection for proposed defendants.
Having heard oral argument, the Competition Appeal Tribunal gave a short ex tempore judgment in which it decided to make a collective proceedings order, subject to certain conditions about the way the case is to be organised and run.
The Tribunal’s written judgment is to follow.
The next step will be for the Tribunal to decide how best to manage Prof Rodger’s case alongside two closely related cases: Epic (in which a US app developer is suing Google in the UK on grounds similar to those advanced by Prof Rodger) and Coll (in which Ms Coll is suing Google on behalf of consumers). Epic and Coll are currently due to go to trial in October 2025.
