Millions of UK consumers who used iCloud over a seven-year period are to be included as class members in a £3bn collective claim against Apple, following the Competition Appeal Tribunal’s (CAT's) certification of a collective proceedings order (CPO).
The claims allege that Apple abused its dominant position in respect of the operating system for Apple devices (iOS) by unlawfully favouring its own cloud storage product, iCloud, to the exclusion of many actual and potential competitors.
According to the BBC, Apple users receive a small amount of free storage, but once that runs out, they are encouraged to pay for iCloud to back up photos, videos, messages, contacts and other content from their devices. Prices range from 99p a month for 50GB to £54.99 a month for 12TB.
By abusing its position in the cloud market, the claimants say Apple has stifled competition to consumers’ detriment, leading to overcharging each year through monthly iCloud subscription fees while they receive less free storage than they otherwise would.
The opt-out collective claim was filed against Apple in November 2024 by Which? – also known as the Consumers’ Association – on behalf of 39 million potential consumers who may have been affected. The CAT granted the CPO in June 2026, following an earlier certification hearing in its favour in April 2026. The trial is scheduled for October 2028.
The order gives Which? permission to proceed with the claim on an opt-out collective basis, enabling consumers to receive potential payouts of up to £77 per person, if successful at trial.
The consumer body has instructed Boris Bronfentrinker and Elaine Whiteford of Willkie Farr & Gallagher as lead partners, with Litigation Capital Management's (LCM's) UK subsidiary funding the claim. Philip Woolfe KC and Jack Williams of Monckton Chambers and Rowan Stennett of Blackstone Chambers appeared at the CAT for Which?.
The tribunal’s decision, issued by Mr Justice Waksman as chair, held that the claims could be included in a CPO and that Which? met the authorisation requirements under the regime. It dismissed Apple’s objections to LCM’s involvement, rejecting claims that the litigation funding agreement would impair Which?’s right to act as a fair and reasonable class representative.
If consumers used iCloud services at any time between 8 November 2018 and 8 June 2026 and were living in the UK on 8 June 2026, they will be automatically included as class members unless they opt out of the claim. Any consumers who first obtained iCloud services after 8 June 2026 will not be included in the class.
If a class member opts out, they will lose the right to any compensation if the class ultimately succeeds. If consumers were not living in the UK on 8 June 2026, but have used iCloud services between 8 November 2018 and 8 June 2026, they can choose to opt in to Which?’s claim.
UK consumers need to notify Which? by 8 October 2026 of their choice to opt out, using the claim website. Consumers not living in the UK on 8 June 2026 will also need to notify Which? by October 2026 of their choice to opt in the same way.
Anabel Hoult, Which? chief executive, said: “No company, no matter how powerful, can get away with abusing its position”, adding that the issuance of the CPO meant it was one step closer to securing redress for consumers and should send a “strong message to any other companies using anti-competitive tactics”.
When Which? launched its claim in 2024, Apple said that it rejected “any suggestion that our iCloud practices are anti-competitive and will vigorously defend against any legal claim otherwise”, saying no customer is required to use the iCloud service, with “plenty of alternatives to choose from”.
Marie Demetriou KC, Max Schaefer and Michael Quayle, all of Brick Court Chambers, instructed by Covington & Burling, appeared for the defendants.
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