Damages for consumer surplus?
In the Which? v Apple collective proceedings, the proposed class representative (PCR) sought to 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 iCloud services. The Competition Appeal Tribunal (CAT) allowed FCS to be pleaded to trial in the face of a muscular dissent by the Tribunal’s Chair. This Casenote examines the ins and outs of damages for FCS.