Kio Gwilliam

Experience

Antitrust/Competition

Kio played a key role as part of the legal teams dealing with ground breaking claims as follows:

• An opt-out collective action filed with the CAT on behalf of an estimated 19.5 million eligible UK users of smartphones and tablets running on Google’s Android operating system relating to excessive and unlawful charges on purchase in the Google Play App Store. The claim alleges that Google unfairly restricts consumers from accessing potential competition from other app distributors, by requiring smartphone manufacturers to pre-install a bundle of Google’s proprietary apps and services including the Google Play Store as well as imposing other contractual and technical restrictions
• A representative collective action with the CAT on behalf of some 19.6 million eligible UK iPhone and iPad users relating to excessive and unlawful charges by the Apple App Store. The claim alleges that Apple’s conduct violates section 18 of the UK Competition Act 1998 and Article 102 of the Treaty on the Functioning of the European Union
• Air Cargo, a landmark competition follow on damages claim in which Hausfeld pursued claims for losses that occurred in over 50 different jurisdictions as a result of the Air Cargo Cartel, ultimately representing 500 claimant entities - including a significant number of multinationals - against British Airways plc, and 13 Part 20 Defendant Airlines in some of the longest running, most high-profile and complex competition damages actions brought to date in the English Courts.
• Google Shopping - Kio is part of the team representing Foundem in its claim before the High Court against Google, for abuse of its dominant position in respect of its conduct in comparison shopping. In addition, Hausfeld obtained permission to intervene in Google’s ongoing appeal of the European Commission’s June 2017 Google Search (Shopping) Decision for four Hausfeld clients, Infederation Ltd (Foundem), German press publishers’ associations VDZ and BDZV as well as Visual Meta GmbH. 
• Trains - The very first collective claim filed by Hausfeld back in February 2019, with co-counsel Charles Lyndon. It was also the first collective claim brought before the CAT on a standalone basis. Crucially for the regime more generally, in July 2022 the Court of Appeal held in Trains that liability can be determined on an aggregate basis in collective proceedings, which was a very important ruling for collective proceedings in the UK. We helped progress the case over 5 years during which the claim benefited from our competition litigation expertise.

Technology & Data Breach

Kio played a key role as part of the legal team which: 

• Filed a CPR 19.6 representative action brought on behalf of Duncan McCann, on behalf of up to 5 million British children aged under 13 and their parents in the High Court – alleging that YouTube’s methods of targeting underage audiences and harvesting their data constitute major violations of the UK Data Protection Act and the EU’s General Data Protection Regulation (GDPR), both of which were designed to protect citizens’ privacy rights.