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Tuesday 30 April 2024 10:50 am  |  Updated:  Tuesday 30 April 2024 2:04 pm

Meta to face £2.2bn class action after failing to overturn approval

By: Maria Ward-Brennan

Professional Services Editor

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Australia's policy, which came into force in December and bars children under 16 from major platforms including Tiktok, Instagram, Snapchat and X.
The ban could see children using less regulated platforms instead

Tech giant Meta is set to face a £2.2bn class action suit over allegations it abused its dominant market position by imposing unfair terms after a tribunal threw out its appeal.

The class action was filed to the Competition Appeal Tribunal (CAT) in March 2022 by litigation-focused law firm Quinn Emanuel against Meta, Meta Platform Ireland and Facebook UK.

The case has Dr. Liza Lovdahl Gormsen, a competition law academic and practitioner, listed as the proposed representative of the class of UK consumers.

The case went for a hearing earlier this year to consider a collective proceedings order application, which certifies a proposed claim. The Tribunal handed down its decision on 15 February, which saw it certify the case against the US tech company.

In March, Meta applied for an Appeal of this decision on five grounds but despite that, the Tribunal did not agree. It handed down a decision on Monday dismissing Meta’s appeal on all grounds.

In its ruling, the Tribunal noted that its expectation that these proceedings be tried in the first half of 2026 at the latest. However, if Meta get permission to appeal to the Court of Appeal, the Tribunal said it “is anxious to explore options to mitigate the almost inevitable delay in the hearing of these proceedings (should such appeal be unsuccessful)”.

The CAT will accordingly list a directions hearing following receipt of the decision of the Court of Appeal: in the event that permission is not granted, to manage the progression of the proceedings, and in the event that permission is granted, to explore if there are any cost-effective and efficient ways to progress aspects of the case whilst that appeal is ongoing.

According to Meta sources, the company plans to seek permission to appeal to the Court of Appeal.

The Tribunal also ordered that costs to the applications are to be reserved.

A Meta spokesperson said: “These claims remain entirely without merit and we will vigorously defend against them, including by demonstrating that the fundamental concerns identified by the Tribunal in its February 2023 judgement have not been resolved.”

“We are committed to giving people meaningful control of what information they share on our platforms and who with, and already invest heavily to create tools that allow them to do so,” they added,

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Gatwick expansion green-lit as court throws out activists’ appeal

20m passengers have flown through Gatwick this year

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