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Apple failed to end a major UK lawsuit over App Store commissions at the preliminary stage. On April 12, 2024, the Competition Appeal Tribunal unanimously rejected Apple’s strike-out, summary-judgment, jurisdiction and service-out applications in Dr Sean Ennis v Apple Inc and Others. The developers’ allegations can therefore proceed—but the ruling did not find Apple liable, declare its commissions unlawful or award compensation.
What the tribunal decided
The Competition Appeal Tribunal (CAT), a specialist judicial body rather than a government regulator, ruled that Dr Sean Ennis’s proposed collective claim had a realistic prospect of success. Apple’s applications sought to remove parts of the case before the competition allegations were tested at a full hearing.
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The CAT dismissed those applications unanimously in its judgment of April 12, 2024 ([2024] CAT 23). The decision addressed whether the claim could proceed, not whether Apple had infringed competition law.
Who brought the case?
Dr Sean Ennis, a competition-law academic, filed the claim on July 25, 2023, as proposed class representative. The proposed group comprises UK-domiciled third-party developers that sold apps through Apple’s App Store or made sales to iOS users through apps and were charged commission during the relevant six-year claim period. The CAT’s case page identifies the formal class definition and the defendants, Apple Inc. and seven related Apple entities (case record).
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Contemporary reporting described the proposed group as about 1,566 developers and put the claim at nearly $1 billion (one report used approximately £785 million). Those are reported estimates, not a court-determined class size or damages award (AppleInsider; Reuters-linked coverage indexed by Techmeme).
What the developers allege
The claim alleges that Apple abused a dominant position by imposing excessive and unfair commissions for App Store distribution and in-app payment services. The pleaded legal bases are section 18 of the UK Competition Act 1998 and, where applicable to the relevant period and conduct, Article 102 of the Treaty on the Functioning of the European Union.
These remain allegations. The April 2024 ruling did not decide whether Apple was dominant, whether its pricing was excessive or unfair, whether its conduct excluded rivals, or whether any developer suffered a recoverable overcharge.
Why Apple asked for the case to be dismissed
Apple’s preliminary submissions included several distinct objections:
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- Many developers did not pay a commission simply for listing an app. Contemporary reporting said Apple argued that about 85% of developers pay nothing to be on the App Store.
- Any loss should be tied to purchases made through UK storefronts, rather than transactions processed through storefronts in other countries.
- Claims concerning non-UK transactions lacked a sufficient territorial connection with the UK.
- The CAT was not the appropriate forum for parts of the dispute.
- Proceedings served outside the jurisdiction should not stand.
Those points were Apple’s submissions, not findings that the CAT accepted.
The non-UK storefront issue
Apple’s territorial challenge focused on purchases made through storefronts outside the UK. The question was whether UK-domiciled developers could claim losses connected with those transactions.
The CAT held only that this theory was legally viable enough to be tested with fuller evidence. It said the claimant had a realistic prospect of showing that Apple’s conduct was implemented in the UK or European Union, or had an immediate, substantial and foreseeable effect there. The tribunal did not rule that every non-UK transaction will ultimately qualify for compensation.
Why the applications failed
At this stage, the tribunal was not deciding the ultimate merits. It asked whether the proposed representative’s case was hopeless or instead had a realistic prospect of success. The CAT concluded that the arguments on applicable law and territorial scope cleared that threshold.
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It also found that the CAT was an appropriate forum for the claims, that service outside the jurisdiction could proceed, and that there had been no breach of the proposed representative’s duty of full and frank disclosure. The result was permission for the litigation to move toward substantive and collective-proceedings stages.
What the ruling does not mean
It is not a liability judgment. The CAT did not find that Apple broke UK or EU competition law.
It is not a damages award. No developer was awarded money, and the reported near-$1 billion figure is only an estimate of the claim.
It does not make every “30% fee” unlawful. “30%” is common shorthand for Apple’s headline commission, but rates, programmes, developers and transactions can differ. The tribunal did not set a lawful benchmark or decide the amount of any overcharge.
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It does not guarantee payment to every proposed class member. A final damages analysis would still need to examine whether a developer paid the allegedly unlawful commission, which transactions fall within the claim period and storefront rules, and what loss can legally be recovered.
What happened after April 2024?
| Date | Procedural development |
|---|---|
| October 18, 2024 | The CAT granted a collective proceedings order, allowing the case to proceed as formal collective litigation (certification judgment). |
| February 17, 2025 | Permission for Apple to appeal the certification judgment was refused (Court of Appeal ruling). |
| June 25, 2026 | The CAT refused Apple’s application to decertify the class and revoke the collective proceedings order (decertification judgment). |
As of August 2026, the proceedings remain active. The CAT’s case page lists further case-management activity, including a conference scheduled for September 17, 2026 (current case page).
Why the decision matters
The ruling removes an early procedural barrier to a large private competition claim against a global platform. For developers, the important point is that a UK-domiciled business may be able to pursue a theory covering cross-border App Store transactions, subject to proof at later stages. For Apple, the decision leaves questions about dominance, commission structure, territorial reach and damages to be fought through evidence rather than disposed of on preliminary applications.
The Ennis proceedings are separate from Dr Rachael Kent v Apple, another CAT case involving Apple’s App Store practices (Kent case record). The two should not be treated as one lawsuit.
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