Omni Bridgeway Backs UK Class Action Against Apple Pay

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 and a significant test of the collective proceedings regime introduced under the Consumer Rights Act. The case highlights how litigation finance is enabling large-scale consumer claims in the competition space.

The claim is being spearheaded by James Daley, a financial journalist and consumer campaigner, who intends to represent an estimated 50 million UK consumers. Daley has instructed Milberg London LLP to bring the case before the Competition Appeal Tribunal (CAT), a venue that has become an increasingly active battleground for competition and antitrust disputes since the landmark Merricks v. Mastercard certification decision. With Omni Bridgeway’s backing, the claim will test both the CAT’s readiness to address platform dominance and the role of funders in bringing collective proceedings to court.

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. Daley and his team argue that these practices have driven up costs across the banking sector and were ultimately passed on to UK consumers in the form of higher charges—whether or not they used Apple Pay or even owned an Apple device. Similar concerns about Apple Pay have prompted regulatory scrutiny in the EU, the U.S., and elsewhere, underscoring the cross-border importance of claims backed by litigation funders.

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 effort is being led by partner Zena Prodromou and managing partner James Oldnall, with head of competition litigation Natasha Pearman describing the Apple Pay claim as the firm’s third collective competition filing in three years. For claimant firms, access to external capital has become a crucial factor in sustaining this growing wave of competition cases.

“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 emphasized its role in making such claims possible. “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 added that rigorous economic analysis will be key to assessing the scale of consumer harm and the market impact of Apple’s practices. “Robust, evidence-based economics is essential to ensure these issues are considered properly,” he said.