The UK Court of Appeal dismissed Meta’s appeal against the inclusion of user damages in a class action over Meta’s alleged abuse of dominance through the collection of off-platform user data. This judgment is a significant precedent as it confirms that user damages can apply in competition law cases.
In its judgment, the Court referred in detail to the Nash Bargaining model proposed by CRA’s affiliated economic expert, Professor Fiona Scott Morton. This methodology was advanced to determine how economic surplus would be shared in the absence of Meta’s alleged abuse of dominance.
Professor Scott Morton is supported by a CRA Competition team including Oliver Latham, Sara Ross, Christian Michel, and Joanna Young. The case is scheduled for trial in October 2028.
Read the full judgment here.





