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.