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America September 11, 2023 3 mins read

Apple Battery Issues Case : A £853 Million Antitrust Showdown in the UK

America ı By Rihem Akkouche

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Apple Battery Issues Case

In a riveting drama unfolding in the heart of Britain, the country's specialized antitrust courtroom faces a momentous decision: to green-light a colossal class action that represents nearly 29 million iPhone enthusiasts. These users allege that tech behemoth Apple Inc. masterminded a grand deception, masking battery complications that led their cherished gadgets to prematurely power off.

The Billion-Dollar Question : To Certify or Not to Certify?

Justin Gutmann, the spearhead proposed for this collective lawsuit, has enlisted the astute legal prowess of Philip Moser KC of Monckton Chambers. Monday witnessed Moser making a passionate appeal to the Competition Appeal Tribunal. His mission? To obtain a collective proceedings order for an eye-watering claim of £853 million (equivalent to $1 billion) targeting the tech titan's entities not only in the UK but also spanning Ireland and the U.S.

Drawing a parallel to a master magician hiding his tricks, Moser articulated how Apple allegedly used its towering stature in both software and hardware realms to camouflage glitches in their phone batteries. Apple, he claimed, concealed the fact they had "slyly" embedded a power management feature (covertly termed PMF in court) via software patches. This cloaked tool reportedly acted as a brake, decelerating the phone's operations when certain models began to falter or shut down spontaneously.

Apple Battery Issues Case : The Ghost Feature: PMF

"Imagine driving a sports car, only to discover an invisible hand is constantly pulling the brakes," Moser postulated. He highlighted that Apple kept their users in the dark, failing to unveil that PMF existed or that it played puppeteer, slowing down various iPhone components. It's like buying a racehorse and later realizing someone replaced it with a mule overnight.

Moser stressed that while certain actions might seem benign in isolation, their cumulative effect, especially when shrouded in secrecy, crosses the boundary into illegality. It's not the tool itself but the shadiness surrounding its implementation that raises eyebrows.

However, the claim against Apple isn't merely about a faulty product. The real twist in the plot, Moser suggests, lies in Apple's purported "veil of opacity and insincerity," which shielded them from the financial fallout stemming from these issues.

Apple's Track Record : A Global Perspective

The story doesn't stop at the UK's borders. The Apple Battery Issues Case finds its echo in legal challenges and regulatory scrutinies across continents. In a déjà vu moment, Apple settled a U.S. class action to the tune of $500 million and a regulatory penalty of $113 million. France too penalized the company with a €25 million ($27 million) slap on the wrist following iPhone slowdown probes.

The claimants deduced a reduced worth for each affected iPhone in the UK, setting them back by £25 on average. The compounded damage? A staggering £853 million.

Apple Battery Issues Case : Legal Crossroads and Upcoming Revelations

With the plot thickening, Moser revealed ongoing talks to tweak the claim's financing terms, drawing inspiration from a recent landmark ruling by the U.K. Supreme Court in July.

Anticipation is in the air as the courtroom awaits Apple's counter-arguments on Tuesday, determining whether this legal saga will move forward or meet an abrupt end.

Both sides come heavily armed with legal maestros. Gutmann's arsenal boasts the likes of Philip Moser KC, Anneli Howard KC, and a team from Monckton Chambers. Apple, not to be outdone, has its battalion led by David Wolfson KC of One Essex Court and a squad from distinguished chambers.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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