Press release

Date set for first showdown in Which?’s landmark £3 billion legal claim against Apple

Which? is set to meet Apple in court for the first time since launching its landmark legal claim against the tech giant, with dates for a certification hearing set for 19-21 November 2025
5 min read
Press Team

Consumers are one step closer to their day in court after judges confirmed Which?’s Collective Proceedings Order Application against Apple will be heard in the Competition Appeal Tribunal over a period of up to three days, starting 19 November.

The consumer champion’s action, which was filed late last year, claims Apple has breached UK competition law by giving its iCloud storage service preferential treatment, “trapping” customers with Apple devices into using iCloud. 

It is Which?’s belief that Apple has abused its position, stifling competition and ripping off millions of consumers in the process. Which? asserts that this has led to consumers being overcharged each year through their monthly iCloud subscription fees. 

Which? is seeking damages on behalf of all UK consumers that used iCloud from 1 October 2015 - estimating the total number of people affected could number 41 million. If successful, individual consumers could be awarded a payout estimated to average £70 each - or almost £3 billion collectively. 

Class actions - such as the one undertaken by Which? - must successfully pass through a ‘gating’ stage before they can proceed. Known as ‘certification’, the Competition Appeal Tribunal will determine whether Which?’s legal claim against Apple can go ahead on a ‘collective basis’ (i.e. as a class action where members of the class are not individually named, rather than as multiple individual claims) and whether Which? is an appropriate representative to act on behalf of the class.

This hearing therefore marks a significant milestone in the battle for more choice in the consumer cloud market - and is an essential step in allowing the consumer champion to progress its claims against the tech giant. 

If successful, Which?’s legal action could help millions of consumers get redress for Apple’s anticompetitive abuse and ultimately create a more competitive and dynamic cloud storage market that better serves consumers in the future. 

Anabel Hoult, Which? Chief Executive, said:

“UK consumers are one step closer to getting their day in court, with the vital next step in Which?’s case against Apple - the certification hearing - set for November this year.

"Which? wants to make clear that no company can rip off UK consumers without facing serious repercussions. Taking this legal action means we can help consumers to get the redress that they are owed, deter other companies from using similarly underhand tactics and drive a more competitive market with positive outcomes for consumers.”

-ENDS-

Notes to editors

Certification hearing

  • The certification hearing is listed for two to three days (19-20 November with the possibility of continuing to 21 November if more time is needed)
  • Any person with an interest (including members of the proposed class) may object to the CPO Application or the authorisation of Which? as the Proposed Class Representative by writing to the Tribunal stating their reasons for objecting or can request to make submissions in-person by no later than 4pm on 22 July 2025.
  • Please see here for a copy of the CPO Application and Hearing Notice, where you can find more details on how consumers can object. This page will be live when the embargo lifts at 00.01 4 June.
  • More information on the claim can be found at the claim website: www.cloudclaim.co.uk

Background on the legal case

Which? has instructed leading international law firm Willkie Farr & Gallagher (UK) LLP on this landmark case. Litigation Capital Management (LCM), one of the world’s largest litigation funders, will fund the claim, partnering with Which? and Willkie to see this action through to the end. Everything is in place to get the best possible result for UK consumers and ensure that Apple is made to pay for its unlawful and harmful conduct.

Which? has launched legal action against US tech giant Apple on behalf of UK consumers that have used iCloud from 1 October 2015 - to win them back around £3 billion in damages and to stop Apple’s anti-competitive behaviour.

Which? believes Apple has been:

1. Favouring its own cloud storage services on its iOS devices, compared to other cloud storage providers, by having technical restrictions and practices that prevent users of iOS from storing key file types on different cloud storage devices (i.e. restricted files), as well as using unfair choice architecture to steer customers to use iCloud services over competing services; and

2. Tying iCloud services to iOS devices, which are purchased by consumers. Together, this unlawful conduct locks users into Apple’s iCloud storage services, prevents them from switching to alternative cloud providers and enables Apple to charge higher fees for iCloud services than would be the case if Apple behaved lawfully. 

  • Collective proceedings are legal proceedings brought on behalf of individual consumers who have been affected by a common event or series of events. In this scenario Which? is representing UK iCloud users, working to get compensation for what we believe consumers are owed and require Apple to open up iOS to allow users a real choice for cloud services.
  • Which? will have to get the Competition Appeal Tribunal’s permission for the claim to proceed on a ‘collective basis’, as well as obtain permission to act as a Class Representative on behalf of UK Apple customers, this is known as ‘certification’.  The certification hearing will take place on 19-20 November 2025, and may continue on 21 November 2025 if more time is needed.
  • Collective proceedings can be brought on an ‘opt-out’ basis, where members of the class are automatically included in the claim unless they decide not to be. They can also be brought on an ‘opt-in’ basis, where members of the class must choose to join and be part of the claim.  
  • The claim by Which? is being brought on an ‘opt-out’ and ‘opt-in’ basis. This means that, if consumers are eligible and live in the UK, they will automatically be included in the claim unless they tell Which? that they do not want to be. If consumers live abroad but are otherwise eligible, they need to tell Which? that they want to be included.
  • There is no guarantee that compensation will be made available in the future – the case must first be won in the Competition Appeal Tribunal, unless an earlier settlement is agreed.

About Which?

Which? is the UK’s consumer champion, here to make life simpler, fairer and safer for everyone. Our research gets to the heart of consumer issues, our advice is impartial, and our rigorous product tests lead to expert recommendations. We’re the independent consumer voice that influences politicians and lawmakers, investigates, holds businesses to account and makes change happen. As an organisation we’re not for profit and all for making consumers more powerful. The information in this press release is for editorial use by journalists and media outlets only. Any business seeking to reproduce information in this release should contact the Which? Endorsement Scheme team at endorsementscheme@which.co.uk