Following last week's news that Meta had won a reprieve in a £2.2 billion collective proceedings lawsuit, law firm Pinsent Masons have published a more detailed analysis of the Competition Appeal Tribunal's 46-page judgement. We already knew the Tribunal had ruled the methodology of establishing user losses required further evaluation. However, according to Pinsent Mason's analysis, the Tribunal criticised the proposed methodology for calculating potential damages but determined unfair pricing for digital platform services under competition law would need adjustment based on a number of “special factors”. The Tribunal also doubted whether the claims of unfair data requirement and unfair trading conditions claims could be attributed as abuses of a dominant position in breach of competition law. The Tribunal will dismiss the claim if a satisfactory revised methodology is not submitted within six months.
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