Case updates

January 2024:

The fourth case management conference took place on 9 and 10 January 2024, during which the Tribunal (amongst other matters): (i) made further orders for additional disclosure from Qualcomm; (ii) directed that there be two trials to determine the case, with the first trial to commence on 7 October 2025; and (iii) directed that the class definition be varied. Further details of the Tribunal’s orders following the hearing can be read here and here.

July 2023:

At the third case management conference, the Tribunal allowed Which? to make amendments to its Claim Form but did not allow others that fell outside the limitation period. Further details regarding the Tribunal’s ruling can be found here. Which? therefore applied to the Court of Appeal for permission to appeal the Tribunal’s ruling.

July 2023:

The third case management conference in the claim took place on 5 July 2023. The Tribunal made an order for future steps in the claim, as further detailed here, and an order for disclosure ordering Qualcomm to provide more documents to Which?, as further detailed here.

June 2023:

Which? and Qualcomm disagreed about the amount of redactions that Qualcomm had made to the documents provided in March 2023. Which? asked for the redactions to be removed from some of the documents and the Tribunal agreed, ordering Qualcomm to remove them.

March 2023:

Qualcomm complied with the Tribunal’s January Order and provided Which? with several categories of documents that it has previously provided to competition authorities. Qualcomm provided some of these documents with redactions.

February 2023:

One sentence in Which?’s reply (filed in October 2022) has been removed (this is also known as being ‘struck-out’). That sentence related to whether the Tribunal can use findings made by judges in other proceedings against Qualcomm when deciding Which?’s case. The Tribunal decided that it can't, however, it can use facts and evidence from those proceedings.

January 2023:

A case management conference (CMC) in the case took place on 13 January 2023. The Tribunal made an order for various case management directions, as further detailed here. The Tribunal’s ruling on Which?’s specific disclosure application, granting Which?’s request for the disclosure of all documents quoted from or cited in certain sections of the European Commission decision dated 24 January 2018 in Case AT.40220 – Qualcomm (Exclusivity Payments), is further detailed here.

November 2022:

Which?’s claim will go ahead on an ‘opt-out’ basis. This means that if you were living in the UK on 17 May 2022, and fit the class definition, you are automatically included in the class, unless you chose to opt-out of the proceedings and informed Which? of this decision by 15 November 2022.

October 2022:

Which? filed its Reply to Qualcomm’s Defence of Which?’s claim on 29 July 2022.

July 2022:

Following judgment, the Competition Appeal Tribunal made a Collective Proceedings Order on 4 July 2022, allowing the claim to proceed as a collective claim on behalf of eligible UK class members. The CPO Notice explains the claim, who is covered by the claim and informs you of important legal rights you may have related to this claim and any related deadlines.

Qualcomm filed its Defence to Which?’s claim on 29 July 2022.

May 2022:

The Competition Appeal Tribunal handed down its judgment certifying Which?’s proposed collective proceedings and authorising Which? to act as the class representative.

Which? was granted a Collective Proceedings Order (or CPO) on 17 May 2022. Wondering what a CPO is? Which? explains in the following video.

Watch the video

You are welcome to share this video on social media to help other consumers understand about Which?’s claim and whether they may be included.

March 2022/April 2022:

The certification hearing took place before the Competition Appeal Tribunal between 30 March and 1 April 2022.

January 2022:

On 5 January 2022, the Tribunal allowed Which? to amend the class definition to include the representatives of deceased consumers, as further detailed here.

November 2021:

Qualcomm withdraws its jurisdiction challenge. Following the first CMC on 9 November 2021, the Competition Appeal Tribunal schedules the certification hearing for 30-31 March 2022 (with 1 April 2022 in reserve) to determine the next steps in the claim.

August 2021:

Which? files its responsive evidence in relation to Qualcomm’s jurisdiction challenge.

June 2021:

The Competition Appeal Tribunal schedules a hearing for 8 and 9 November 2021 to determine Qualcomm’s jurisdiction challenge.

May 2021:

Qualcomm challenges the Competition Appeal Tribunal’s jurisdiction to hear the claim.

March 2021:

Which? is granted permission by the Competition Appeal Tribunal to serve the claim on USA-based Qualcomm outside of the jurisdiction (i.e., outside of the UK).

February 2021:

Which? announces that it has filed the claim against Qualcomm.

February 2021:

The claim is filed in the Competition Appeal Tribunal.