UK denies Apple's bid to dismiss App Store lawsuit

A class action lawsuit against Apple over the App Store's 30% fee will go ahead, after a UK tribunal rejects the company's argument for dismissal.

In July 2023, a suit was brought against Apple in the UK on behalf of 1,566 developers based in the country, saying Apple's 30% fee was excessive, and an abuse of its monopoly position. Then in January 2024, Apple filed a motion to have the tribunal dismiss the case entirely.

According to Reuters, the UK's Competition Appeal Tribunal has now denied the motion. Apple had argued that the case was unsustainable because 85% of developers pay it nothing to be on the App Store.

Apple further argued that developers cannot have a claim in the UK unless it was over purchases made within the country. Apple lawyer Daniel Piccinin said this would only apply to a small minority of the case's claimants.

However, Judge Andrew Lenon ruled that the class action, brought by law professor Sean Ennis, could go ahead. Judge Lenon said in a written ruling that the case had a realistic chance of establishing that "Apple's overcharging of commission to app developers based in the UK in relation to commerce transacted on non-UK storefronts did amount to conduct implemented in the UK."

In other words, the class action claimants can attempt to argue in court that Apple should not have charged 30% for any app purchases, in or out of the UK.

It's not known yet when the case will continue.

10 Comments

paisleydisco 141 comments · 7 Years

About 7 months ago

Okay. Now go after supermarkets and retail stores that charge 30% and more for products to be placed in store.

Developers knew the price of admission and now are crying. GTFO.

avon b7 8008 comments · 20 Years

paisleydisco said:

Okay. Now go after supermarkets and retail stores that charge 30% and more for products to be placed in store.
Developers knew the price of admission and now are crying. GTFO.

Yes. Developers knew the price of admission. We all do. The question is if that constitutes abuse of dominant position. That we can't know until the process is over.

9secondkox2 3124 comments · 8 Years

paisleydisco said:

Okay. Now go after supermarkets and retail stores that charge 30% and more for products to be placed in store.
Developers knew the price of admission and now are crying. GTFO.

Exactly.

But once a predatory government draws blood, the others are sure to be encouraged by it.

Everybody looking at Apple like they’re a government bank account.

It’s sick.

tmay 6455 comments · 11 Years

avon b7 said:

paisleydisco said:

Okay. Now go after supermarkets and retail stores that charge 30% and more for products to be placed in store.
Developers knew the price of admission and now are crying. GTFO.

Yes. Developers knew the price of admission. We all do. The question is if that constitutes abuse of dominant position. That we can't know until the process is over.

That "dominate position" was the fertile ground that grew those developers businesses. Now those same developers want to avoid any payments at all to Apple.

That doesn't really look like a viable synergy, but then again, this is the EU we are talking about, an aging and brittle political and economic structure. I'll probably live long enough to see the EU disintegrate, and then, back to continuous warfare.

Lovely.

ctt_zh 83 comments · 5 Years

tmay said:

avon b7 said:

paisleydisco said:

Okay. Now go after supermarkets and retail stores that charge 30% and more for products to be placed in store.
Developers knew the price of admission and now are crying. GTFO.

Yes. Developers knew the price of admission. We all do. The question is if that constitutes abuse of dominant position. That we can't know until the process is over.

That "dominate position" was the fertile ground that grew those developers businesses. Now those same developers want to avoid any payments at all to Apple.

That doesn't really look like a viable synergy, but then again, this is the EU we are talking about, an aging and brittle political and economic structure. I'll probably live long enough to see the EU disintegrate, and then, back to continuous warfare.

Lovely.

The UK isn't in the EU...

The EU won't disintegrate any time soon. And there certainly won't be continuous warfare, despite the deep passion for it in some quarters outside of the EU...