The class alleges Meta abused its dominance in social networking between 2016 and 2019 by making access to Facebook conditional on surrendering off-Facebook data, paying nothing for it and imposing unfair terms. Damages are pleaded at around £3B. Meta denies dominance and says users receive a free service.
LATEST DEVELOPMENT · AUG 6, 2026
On 6 August 2026, the Court of Appeal handed down [2026] EWCA Civ 993 dismissing Meta’s appeal and holding that user damages are not excluded in competition claims. The CAT case page records the appeal as dismissed on 29 July 2026 and lists a CMC for 5 November 2026.
BACKGROUND
The case began in February 2022 when Dr Gormsen applied to the Competition Appeal Tribunal to bring opt-out collective proceedings under section 47B of the Competition Act 1998. She alleges Meta abused its dominance in the market for social networking services between 2016 and 2019 (later extended in amended pleadings) by extracting off-Facebook data from users as a non-negotiable condition of access, without paying for it, and by imposing exploitative terms of service.
The Tribunal initially refused to certify the claim in February 2023, finding the economic model underpinning the damages case did not meet the required standard, but gave Gormsen the chance to refile with a better blueprint to trial. A revised application was certified in February 2024, and Meta’s attempts to overturn that certification failed both before the Tribunal and, in November 2024, before the Court of Appeal. The case then moved into a lengthy disclosure and case management phase through 2025, including disputes over Meta’s US litigation documents and pleading amendments.
In parallel, the parties fought a separate legal question of whether “user damages”, a remedy that awards a hypothetical release fee rather than proven loss, is even available in a competition law claim. The Court of Appeal resolved this in Meta’s favor of losing in August 2026, dismissing Meta’s appeal and confirming the remedy is not excluded from competition claims. That ruling, [2026] EWCA Civ 993, is being closely watched across other UK collective proceedings against tech platforms.
The claim now returns to the CAT for further case management, with a case management conference listed for November 2026, ahead of an eventual trial on liability and quantum.
TIMELINE
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NOV 5, 2026PROCEDURALCase management conference listedThe CAT has listed a further case management conference for 5 November 2026 to consider next steps toward trial.
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JUL 29, 2026APPEALCourt of Appeal dismisses Meta’s appeal on user damagesThe Court of Appeal hands down [2026] EWCA Civ 993, rejecting Meta’s attempt to exclude the remedy of user damages from competition law claims, allowing the class representative to continue pursuing that measure of damages.
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DEC 16, 2025PROCEDURALCAT rules on disclosure dispute over US litigation documentsThe Tribunal issues a ruling on disclosure ([2025] CAT 85), rejecting Meta’s proposal to disclose a large volume of documents from parallel US proceedings, finding it prejudicial to the class representative.
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JUL 15, 2025HEARINGCMC on disclosure issuesA case management conference is held on 15 and 16 July 2025 to consider disclosure issues, chaired by Hodge Malek KC.
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NOV 1, 2024APPEALCourt of Appeal refuses Meta permission to appeal certificationThe Court of Appeal dismisses Meta’s renewed bid for permission to appeal the CAT’s certification of the collective proceedings, in [2024] EWCA Civ 1322.
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APR 29, 2024PROCEDURALCAT refuses Meta permission to appeal certificationThe Tribunal refuses Meta’s application, filed 7 March 2024, for permission to appeal the certification decision.
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FEB 15, 2024JUDGMENTCAT certifies collective proceedings against MetaThe Tribunal hands down judgment ([2024] CAT 11) certifying the claim as an opt-out collective action, finding an arguable and triable case against Meta.
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JAN 8, 2024HEARINGSecond certification hearing on amended CPO applicationThe Tribunal hears the revised, amended collective proceedings order application over 8 and 9 January 2024.
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FEB 20, 2023JUDGMENTCAT refuses initial certification but allows refilingThe Tribunal declines to certify the claim, finding the proposed class representative’s damages methodology inadequate, but offers a stay to allow a revised application with a better blueprint to trial.
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JAN 30, 2023HEARINGFirst certification hearing heldThe Tribunal hears the original collective proceedings order application over three days, from 30 January to 1 February 2023.
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FEB 11, 2022FILINGGormsen files CPO application at the Competition Appeal TribunalDr Liza Lovdahl Gormsen applies to commence opt-out collective proceedings against Meta under section 47B of the Competition Act 1998, alleging abuse of dominance through uncompensated collection of off-Facebook data.