The Court of Appeal has refused (29 January) Google’s permission to appeal the Competition Appeal Great News: Court of Appeal Blocks Google’s Appeal in Ad Tech Collective Action
The Court of Appeal has refused Google’s permission to appeal the Competition Appeal Tribunal’s (CAT) decision to certify the Ad Tech Collective Action LLP claim against Google. None of Google’s grounds of appeal were deemed arguable, allowing the case to move forward without delay.
A Major Win for Ad Tech Collective Action
The claim alleges that Google abused its dominant position in the digital advertising market by favouring its own services over competitors. The CAT granted a Collective Proceedings Order (CPO) in June 2024, enabling the lawsuit to proceed on behalf of affected advertisers.
Google attempted to challenge this certification, arguing that the claim was insufficiently pleaded and that the methodology used in support of the claims failed the Microsoft test (used to assess competition claims). However, both the CAT and now the Court of Appeal dismissed Google’s arguments, reinforcing the Tribunal’s broad discretion in case management decisions.
Court of Appeal’s Findings
Lord Justice Green rejected Google’s three grounds for appeal, ruling that:
- Google had sufficient knowledge of the claims and counterfactuals.
- The CAT properly exercised its discretion in concluding that the methodology satisfied the Microsoft test.
- Google’s attempt to strike out damages claims prior to October 2015 was a matter for trial, not certification.
The Court of Appeal’s refusal is final, meaning Google cannot appeal further.
Next Steps
With this decision, Ad Tech Collective Action LLP can now proceed with the case, seeking redress for businesses allegedly harmed by Google’s anti-competitive conduct in digital advertising.
