Consumers’ Association v Qualcomm Incorporated – Case No. 1382/7/7/21
These were collective proceedings brought by the Consumers’ Association (“Which?”) under s. 47B of the Competition Act 1998 on behalf of UK purchasers of certain Apple and Samsung smartphones.
Which? alleged that Qualcomm (a major US supplier of cellular modem chips) had abused a dominant position as supplier of cellular modem chips in order to extract higher licensing royalties for its cellular standard essential patents (“SEPs”) from Apple and Samsung than would otherwise have been paid, and that this overcharge had resulted in increased smartphone prices for UK consumers.
Qualcomm maintained that it had not applied illegitimate pressure during SEP licensing negotiations with Apple or Samsung, and that the terms of the licences it had entered into with them were fair, reasonable and non-discriminatory (“FRAND”).
David was instructed by Which? in 2023 and appeared at a 5-week trial in the Competition Appeals Tribunal which took place in late 2025. The case settled in February 2026 before judgment was handed down, subject to the Tribunal’s approval.