The UK Competition Appeal Tribunal (CAT) has issued a formal Collective Proceedings Order (CPO) officially certifying a massive opt-out class-action lawsuit against Apple. Brought forward by the Consumers’ Association, widely known as Which?, the multi-billion pound claim accuses the tech giant of abusing its dominant market position by effectively forcing millions of British iOS users to utilize its proprietary iCloud storage service.
The newly certified lawsuit alleges that Apple deliberately engineered its mobile ecosystem to stifle competition. According to court documents, Apple deployed technical restrictions that prevented iPhone and iPad users from using rival cloud storage platforms—such as Google Drive or Dropbox—to host comprehensive device backups. Furthermore, the claim targets Apple’s “unfair choice architecture,” arguing the company systematically steered consumers toward paid iCloud tiers while obscuring or disadvantaging alternative providers. Which? contends that by boxing out competitors, Apple overcharged UK consumers for cloud data storage for nearly a decade.
Under the precise class definition outlined in the tribunal order, the litigation automatically encompasses any UK consumer who obtained iCloud services—ranging from the basic free tier to premium iCloud+ and Apple One bundles—on an iOS device configure for the United Kingdom at any point between November 8, 2018, and June 8, 2026. Because the action has been certified on an “opt-out” basis for UK residents, an estimated 40 million consumers are automatically part of the lawsuit and do not need to take action to join the class. Eligible consumers who now reside outside the UK must proactively opt-in via a dedicated portal by October 8, 2026.
The release of the formal CPO represents a resounding procedural victory for the consumer advocacy group, which successfully defeated Apple’s aggressive counter-maneuvers to diminish the scale of the lawsuit. In parallel proceedings, Apple had filed a “Strike-Out Application” aiming to dismiss claims brought on behalf of non-paying iCloud users, arguing that those who did not purchase premium tiers could not claim actionable economic loss. In a landmark majority decision, the tribunal rejected Apple’s motion, ruling that “foregone consumer surplus”—the loss felt by consumers who wanted more storage but were deterred by anti-competitive pricing—is a novel but entirely triable concept under English law. As part of the defeat, the court ordered Apple to pay the Consumers’ Association over £335,000 in legally incurred costs by late June 2026.
With certification secure and Apple’s initial procedural objections dismissed, the path is clear for the underlying antitrust argument to move forward. Which? is seeking an injunction to stop Apple’s exclusionary ecosystem practices alongside an aggregate damages award that could result in an estimated £2 billion payout, netting individual UK consumers an average of roughly £70 each depending on their subscription history.
