The tribunal’s decision wasn’t without its share of perplexity. They acknowledged a “lack of clarity and specificity” in Gutmann’s case. Active case management will be necessary to address these issues before the trial can proceed.
“This impacts both the questions of the existence of abuse and the manner in which loss to the class is to be assessed,” the judgment reads, adding to the aura of suspense.
The heart of the claim revolves around Apple’s alleged concealment of defects in iPhone batteries. Philip Moser KC of Monckton Chambers, representing Gutmann, disclosed the claim’s core argument. Apple was accused of exploiting its dominance in both software and hardware markets to mask battery performance issues in certain iPhone models. To cover these deficiencies, Apple purportedly deployed a power management tool that intentionally limited performance.
Moser asserted that Apple had “surreptitiously” introduced this power management feature through software updates, which subsequently hampered phone performance when facing technical glitches.
The Tribunal’s Verdict
In a dramatic twist, the tribunal determined that there was a “reasonable prospect” of demonstrating at trial that Apple’s actions would have affected the commercial balance between consumers and the company. Transparency could have led to different consumer reactions and potential compensation claims against Apple.
