Balance Legal Capital is backing a proposed £768 million collective claim in the UK against Apple Inc. and its subsidiaries in relation to automatic iOS updates which included a throttling feature that led to unexpected shutdowns or poor device performance.
The claim alleges that Apple has breached competition law by abusing its dominant position in the relevant iPhone and iOS markets by selling iPhones with defective batteries that were unable to deliver peak power and pushing automatic iOS updates to iPhones which incorporated a power management tool which slowed down the iPhones and caused performance issues. It alleges that this conduct was exploitative since Apple was not behaving in a fair and transparent manner that enhanced consumer benefits and welfare. Instead, it sought to preserve its own reputation, brand loyalty and profitability, and hence its market position at the expense of its customers who were denied benefits in terms of price, quality, innovation or value for money.
The claim is being filed with the Competition Appeal Tribunal on an opt-out basis. Law firm Charles Lyndon is representing the proposed class representative.