Amazon Secures Landmark Victory in Collective Action Challenge

Cleary Gottlieb successfully represented Amazon in its challenge to the certification of an opt-out collective action brought by Christine Riefa Class Representative Limited (the proposed class representative; PCR).

The proposed action was brought against Apple and Amazon on behalf of a class of consumers that had purchased Apple products in the UK and alleged that certain agreements entered into by Apple and Amazon in 2018 had led to an increase of the price of Apple goods sold on the Amazon marketplace and elsewhere.

In two separate hearings, Amazon and Apple challenged the suitability of the PCR’s sole director, Professor Christine Riefa, to represent class members. The second certification hearing marked the first time that a PCR had been cross-examined at the certification stage.

On January 14, 2025, the Competition Appeal Tribunal handed down a unanimous judgement finding that the PCR had not satisfied the “authorization condition” for a collective proceedings order to be made. This judgment is the first collective action to be refused certification outright, without the class representative being afforded an opportunity to reformulate the certification application and seek fresh approval.