The Collective Cast - Foregone consumer surplus: Can priced out consumers claim damages?

Can consumers priced out of a market as a result of anticompetitive conduct bring a claim to compensate for that loss? That was the subject of the recent strike‑out application in Consumers' Association v Apple Inc, a collective claim concerning Apple’s iCloud storage service including on behalf of consumers who did not in fact purchase iCloud storage. 

In our latest Collective Cast episode, Michael Zymler is joined by partners Luke Streatfeild and Daniel Hunt to explore the concept of a claim for such “foregone consumer surplus” and examine the Tribunal’s split decision on whether this novel head of loss can proceed to trial.

(*) The opinions expressed in this podcast are made in good faith and while every care has been taken in preparing the content, Hausfeld & Co LLP gives no warranties in respect of this podcast, including but not limited to the accuracy or completeness of information, facts and/or opinions contained therein. We recommend listeners to take specific legal advice when dealing with legal issues and transactions.