Omni Bridgeway Backs UK Class Action Against Apple Pay

Milberg London and consumer advocate James Daley prepare Competition Appeal Tribunal claim on alleged dominance abuse

Omni Bridgeway has agreed to fund a proposed consumer class action against Apple Inc. over its Apple Pay mobile wallet, marking the first collective action of its kind in the UK.

The claim is being spearheaded by James Daley, a financial journalist and long-standing consumer campaigner, who intends to represent an estimated 50 million UK consumers. Daley has instructed Milberg London LLP, a leading disputes-focused law firm specialising in large-scale group litigation, to bring the case before the Competition Appeal Tribunal (CAT). Milberg has already issued a Letter Before Action to Apple and expects to file the claim within weeks.

The proposed action alleges that Apple has abused its dominance in the iPhone ecosystem by restricting rival mobile wallets and imposing unfair terms on card issuers, including transaction fees. According to Daley and his legal team, these costs were ultimately passed on to UK consumers in the form of higher charges on banking products, whether or not they used Apple Pay or owned an Apple device. Similar concerns about Apple Pay have prompted regulatory scrutiny in the EU, the U.S., and elsewhere.

Daley has assembled a prominent legal and economic team, including barristers Thomas de la Mare KC of Blackstone Chambers and Julian Gregory and Alastair Holder Ross of Monckton Chambers, alongside economists from Oxera Consulting LLP. Milberg’s team is being led by partner Zena Prodromou, who specialises in complex competition disputes, and managing partner James Oldnall.

“This is the first claim of its kind in the UK,” said Prodromou. “We argue that Apple has abused its dominant position in the iPhone ecosystem and that its anti-competitive practices in relation to Apple Pay have caused card issuers additional costs that are ultimately borne by the UK consumer.”

Omni Bridgeway’s support is central to the claim’s viability. “Class actions are vital as they often represent the only avenue for consumers to gain access to justice,” said Simon Latham, investment manager at Omni Bridgeway. “As specialists in financing big claims like this one, we are proud to support the proposed class representative and a regime that fairly compensates consumers.”

Oxera partner Joseph Bell underscored the economic dimension: “Rigorous economic and financial analysis is essential to assess the impact of alleged anti-competitive practices on consumers and markets.”

For Milberg, the Apple Pay claim is its third competition filing in as many years, following cases against tech and financial sector defendants. Natasha Pearman, head of competition litigation, said the case underscores the firm’s strategy of pursuing high-profile competition disputes on behalf of consumers.

For funders, the claim highlights the continuing role of collective actions under the UK’s Consumer Rights Act regime, which has become an increasingly active battleground for competition and antitrust disputes since the landmark Merricks v. Mastercard certification decision. The case will also be closely watched for its potential to shape the boundaries of technology platform dominance in the UK market.