Damages for consumer surplus?
In the Which? v Apple collective proceedings, the proposed class representative (PCR) soughtto recover aggregate damages for the foregone consumer surplus (FCS) of the ‘Non-Purchasers of iCloud services’. Yes, compensation for those who did not buy Apple’s iCloudservices. The Competition Appeal Tribunal (CAT) allowed FCS to be pleaded to trial in theface of a muscular dissent by the Tribunal’s Chair. This Casenote examines the ins and outs ofdamages for FCS.