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23 APR | Court of Appeal Decision Allows UK BuyBox Action to Continue

The Court of Appeal on 23 April 2024 refused to grant an application, made by the losing party at the Carriage Hearing, for Permission to Appeal the Tribunal’s carriage decision regarding Mr Robert Hammond and his expert, a decision handed down on 5 February 2024. The Court’s decision finalises carriage issues, allowing Mr Hammond's action to continue.

The Court of Appeal couldn’t have been more clearer in their decision when refusing the appeal in that the permission sought “…comes nowhere near satisfying the high threshold for interference by the Court of Appeal.”

Hagens Berman EMEA, despite the pending appeal decision from the Court of Appeal has been working tirelessly and proactively,  moving forward with the certification timetable directions to continue to hold Amazon accountable. A certification hearing is expected in autumn of 2024. The firm looks forward to continuing the Buy Box claim without distraction on behalf of UK consumers.

Read the Court of Appeal’s Decision  »

Case Status
Active

WHAT’S THE ISSUE?

Hagens Berman EMEA, a UK law firm, believes that Amazon has abused its market power to illegally suppress competition with the use of its proprietary “Buy Box” algorithm, causing consumers to pay more for products than they would under the conditions of a free and fair market. Consumers are suing Amazon for the losses they have suffered as a result of the company’s alleged anticompetitive conduct, and it is estimated, on a preliminary basis, that aggregate damages in this case could be between £1.221 billion and £1.361 billion.

HOW DO I KNOW IF I’M AFFECTED?

If you purchased a product from Amazon Marketplace between October 2015 and June 2020, you may have been affected by Amazon’s alleged anticompetitive conduct and may be eligible to participate in the collective action. It is estimated that the proposed class comprises approximately 49.5 million people.

ABOUT AMAZON’S BUY BOX ALGORITHM

According to the claim, Amazon uses a proprietary algorithm to rank search results whenever a consumer searches for a product in its Marketplace. The “winning,” or first-ranked item in the search results, will typically appear in the “Buy Box,” the featured offer in the product search results that allows the consumer to purchase the product without selecting a particular seller or retail offering. By choosing the option in the Buy Box, the consumer does not select a specific seller themselves, but rather buys the product directly from whichever seller Amazon’s algorithm privileges.

Overwhelmingly—about 80% of the time—consumers accept Amazon’s recommendation and purchase through the Buy Box. The claim alleges that the algorithm steers consumers towards products that are more profitable for Amazon while obscuring other, often more affordable options, thus dampening price and quality competition among sellers and causing consumers to pay artificially inflated rates.

AMAZON SEARCH RANK ALGORITHM FACES SCRUTINY FROM EU REGULATORY BODIES

An investigation by the EU Commission also found that Amazon’s Buy Box algorithm was anticompetitive and, in its final decision on the matter, the commission required Amazon to display a second, competing offer in addition to the main Buy Box item if there is a substantial difference in price or delivery terms. Consumers in the UK deserve answers and accountability regarding Amazon’s business practices.

YOUR CONSUMER RIGHTS

Your rights as a consumer include a price for goods and services that is determined solely by the forces of a free and fair market. European regulatory body investigations have found that Amazon’s Buy Box algorithm is anticompetitive, and consumers in the UK deserve accountability from Amazon and recompense for artificially inflated prices they may have paid as a result of the tech giant’s alleged conduct.

TOP CONSUMER RIGHTS AND COMPETITION LAW FIRM

Hagens Berman EMEA is a UK law firm in its own right and part of Hagens Berman, a leading consumer litigation law firm that has achieved settlements valued at $325 billion in the United States against some of the world’s most powerful corporations. Hagens Berman has achieved many record-breaking victories in antitrust matters—and serves as Lead Counsel in a claim against Amazon in the U.S. regarding similar allegations. Hagens Berman is based in Seattle, Washington, where Amazon is headquartered, and is currently pursuing seven other claims against the tech giant in the U.S. regarding alleged price-fixing, price-gouging and other anticompetitive behaviour. We believe our experience litigating claims of this nature against tech companies and other industry giants, as well as our U.S. legal experience, will be highly relevant in this case.

NO COST TO YOU

There is no cost or fee whatsoever involved in joining this action. In the event Hagens Berman EMEA or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the class's legal team. In no case will any class member ever be asked to pay any out-of-pocket sum.

Case Timeline
Title
Formal Legal Action Filed
Description

Hagens Berman EMEA LLP has filed an application for a collective proceedings order (“CPO”) with the Competition Appeal Tribunal regarding infringements of competition law by Amazon.com Inc, Amazon Services Europe S.à.r.l., Amazon EU S.à.r.l., Amazon Europe Core S.à.r.l. Amazon EU Media S.à.r.l and Amazon UK Services LTD (together “Amazon”). This order allows many individual claims, which have characteristics in common that make a ‘class’, against Amazon to be heard together as one single claim. If you bought a product from Amazon, you may qualify to be a part of the claim.

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Date

CASE TIMELINE

Formal Legal Action Filed

Hagens Berman EMEA LLP has filed an application for a collective proceedings order (“CPO”) with the Competition Appeal Tribunal regarding infringements of competition law by Amazon.com Inc, Amazon Services Europe S.à.r.l., Amazon EU S.à.r.l., Amazon Europe Core S.à.r.l. Amazon EU Media S.à.r.l and Amazon UK Services LTD (together “Amazon”). This order allows many individual claims, which have characteristics in common that make a ‘class’, against Amazon to be heard together as one single claim. If you bought a product from Amazon, you may qualify to be a part of the claim.

REGISTER YOUR CLAIM »