Hiu Man Chan
Rail Boundary Fares collective action (UK)
We are advising a class of London rail passengers in a collective action against two London train operating companies (South Western and South Eastern). The claim involves Boundary Fares, which allow passengers who own a London Travelcard to travel beyond the zones covered by their Travelcard without doubling up on payment. The Class Representative (Mr. Justin Gutmann) alleges that the defendants did not make Boundary Fares readily available for Travelcard holders to purchase, effectively making these customers pay twice for a proportion of certain journeys. Mr. Gutmann alleges that this imposition of unfair prices is an abuse of the rail companies’ dominant market position and in breach of UK and EU competition laws. The AlixPartners team’s role has been to quantify the damages and to advise on the market definition and dominance aspects of the case.
On October 19, 2021, the Competition Appeal Tribunal certified the Collective Proceedings Order.
App stores (UK)
AlixPartners was engaged to provide economic expert witness evidence on behalf of proposed class representatives in several separate collective actions relating to Google and Apple’s conduct in relation to their app stores. The economic analysis covered a wide range of challenging issues, from defining the relevant product and geographic markets, assessing dominance, to analyzing the impact of the alleged abusive conduct on competition and consumers.
The AlixPartners team examined the available evidence and quantified the damages consumers may have suffered from the alleged abusive conduct. The economic evidence was submitted to the Competition Appeal Tribunal to assist the court in their consideration of certification decision.
The action against Apple was certified in May 2022 and the action against Google was certified in July 2022.