A long-running consumer claim that could affect millions of UK smartphone buyers is due to open at the Competition Appeal Tribunal on October 7. The tribunal’s official case page and diary show a five-week listing following a pre-trial review order on July 29.
The case, Consumers’ Association (Which?) v Qualcomm, alleges the U.S. chipmaker abused a dominant position in smartphone chipsets and in licensing standard-essential 4G patents. Which? says those practices raised costs for Apple and Samsung and led to higher retail prices for consumers.
Which? is the UK’s main consumer-advocacy organisation. It’s the public brand of the Consumers’ Association, a not-for-profit group that tests products, publishes reviews and advice, runs campaigns, and pushes for better rules for shoppers.
The claim site sets the class period from October 1, 2015 to January 9, 2024 and explains the opt-out regime, under which eligible UK-domiciled buyers are included automatically.
What the claim says
Which? alleges two core abuses. First, refusal to license standard-essential patents to rival chip makers. Second, a “no licence, no chips” policy that required phone makers to take a separate patent licence to receive Qualcomm chipsets. The allegations are set out on the claim site and were reported early in the case with a Qualcomm denial. Qualcomm says there is no basis for the lawsuit.
The tribunal certified the case on May 17, 2022, authorising Which? as class representative under the Consumer Rights Act. The approved judgment recorded estimated aggregate losses of about £482.5 million, which is broadly in line with Which?’s description of a claim worth about £480 million on its site and in coverage.
Who is covered
The class includes people who bought a new Apple or Samsung 4G handset in the UK during the class period. Which? says most class members do not need to do anything now, although non-UK-domiciled purchasers could opt in. Eligibility details and model lists are set out on the official claim site.
Which? has previously indicated possible consumer redress of about £5 to £30 per eligible device, depending on the evidence and the tribunal’s findings. That figure is indicative and not guaranteed. The estimate appears in Which? news coverage.
Qualcomm’s position and context
Qualcomm has consistently rejected the allegations. In reporting at the time of filing, the company said, “There is no basis for this lawsuit.” For context, the U.S. Ninth Circuit reversed a district court ruling against Qualcomm in 2020. That decision sits in a different legal system and is not determinative for UK law.
How the trial will run
According to the July 29 pre-trial order, the tribunal set a timetable for Trial 1 focused on issues such as dominance and abuse. The order schedules cross-examination of Qualcomm witnesses in mid-October. If Which? succeeds on liability, financial impact and any payouts would be addressed later or resolved by settlement.
What comes next
Key near-term dates include October 7 for opening submissions and mid-October for witness evidence, with the hearing listed for five weeks. The CAT case page will carry daily filings and any orders. Consumers can monitor updates and use the eligibility tool on the claim site.
