The UK's Competition Appeal Tribunal (CAT) has released its Judgment in Dr Liza Lovdahl Gormsen vs Meta Platforms, finding significant methodological difficulties.
Dr Liza Lovdahl Gormsen, the Proposed Class Representative (PCR) in the case, has had an application for a Collective Proceedings Order (CPO) against Meta in the UK refused by the CAT in its current form. The PCR alleged that Meta had abused a dominant position through imposing an unfair data requirement, unfair trading conditions and/or unfair prices on users of the Facebook service.
In its Judgment, the CAT concluded that “Without significantly more articulation, there is no blueprint to trial, and the PCR has unequivocally failed the Pro-Sys test” (Para 57). The CAT granted the PCR six months to revise the CPO application and resubmit if she so chooses. In relation to the unfair data requirement and unfair trading condition allegations, the CAT found that “the Pro-Sys test has not even been addressed” (para 41), and identified “significant methodological difficulties” (para 50) in the proposed approach of the PCR’s expert to assessment of damages relating to the unfair price allegation.
David Parker, Director in Frontier’s Competition Practice, submitted an expert report on behalf of Meta.
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