Legal Context & Claim Substance
Initiation: On 27 May 2025, a high-value opt-out class action was filed at the UK’s Competition Appeal Tribunal (CAT) by Roger Kaye KC, a former deputy High Court judge, with KP Law acting as the legal firm.
It targets Google, Google UK, Google Ireland, and Alphabet, alleging an abuse of dominance in the search advertising market.
Scope of Eligible Claimants: The claim encompasses any UK-based advertiser who paid Google (or via third-party intermediaries) for search advertisements targeted at UK users between 1 January 2011 and 27 May 2025.
Alleged Damages:
- Roger Kaye KC estimates damages could reach up to £25 billion, attributing losses to ‘supracompetitive’ pricing of text and product listing ads due to Google’s anti-competitive practices.
- Separately, competition law academic Dr Or Brook, represented by Geradin Partners, launched a distinct but similar opt-out collective action valued at £5 billion, citing overcharging via maintained dominance in general search and advertising markets.
Key Allegations & Market Impact
Default Preinstall Agreements: Google is accused of forging contracts with Android device manufacturers and network providers to preinstall its Search and Chrome apps, and of paying Apple billions to remain the default search engine on iPhones via Safari. These practices are claimed to have suppressed rival platforms and entrenched Google’s advertising power.
Functionality Advantage: The lawsuits argue that Google’s own ad management tools—such as Search Ads 360—offered superior functionality, leaving competitors with a disadvantage.
Global Regulatory Landscape
The UK’s Competition and Markets Authority (CMA) is investigating whether Google holds “strategic market status” in search and search advertising, under the newly enacted Digital Markets, Competition and Consumers Act 2024.
In the US, a federal court has ruled that Google violated antitrust laws by maintaining a monopoly and implementing supracompetitive pricing, opening up potential consequences exceeding $100 billion.
Case Differentiators & Legal Strategy
Roger Kaye KC’s £25B claim is distinctive for seeking damages for “abusive exploitative behaviour” rather than focusing on price effects alone.
Dr Or Brook’s £5B action notably represents businesses, not consumers, making it the first of its kind in the UK and covering advertisers from 1 January 2011 to mid-April 2025.
Advertiser Guidance & Next Steps
Opt-Out Mechanism: Both actions are structured as opt-out class actions, meaning affected advertisers are automatically included unless they explicitly opt out through designated channels.
Claim Registration: Advertisers are encouraged to register their interest via campaign sites (e.g., searchadvertisersclaim.co.uk) to stay informed of legal developments and compensation processes.
Summary Table
| Category | Details |
|---|---|
| Class Representative | Roger Kaye KC (£25B action); Dr Or Brook (Geradin Partners, £5B action) |
| Legal Forum | Competition Appeal Tribunal (UK CAT) |
| Timeframe Covered | 1 January 2011 – 27 May 2025 (Kaye); – mid-April 2025 (Brook) |
| Number of Affected Advertisers | Estimated between 500,000 and 1.5 million UK advertisers |
| Primary Allegations | Default preinstalls; exclusivity deals; superior Google ad tool functionalities |
| CMA Investigation | Ongoing under Digital Markets Act |
| Global Context | Related US antitrust rulings and $100B+ potential liabilities |
| Advertiser Actions | Automatic inclusion; opportunity to opt out; register interest recommended |
Key Insights
- These class actions mark a pivotal moment in UK competition law, targeting dominant digital platforms from the advertiser’s perspective.
- The overlapping but distinct nature of the two actions (Kaye’s £25B vs Brook’s £5B) underscores growing regulatory and legal pressure on Google’s ad dominance.
- The outcomes could reshape the economics of digital advertising and serve as a precedent for future antitrust claims globally.
