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Court of Appeal refuses Meta permission to appeal certification of data abuse claim

08/10/24

On 7 October 2024, the Court of Appeal declined to grant Meta permission to appeal the CAT’s certification of collective proceedings against it. Those proceedings, brought by Dr Liza Lovdahl Gormsen on behalf of Facebook users, allege that Meta abused a dominant position in the market for provision of social network services, by charging an unfair price and/or imposing an unfair trading condition in the form of requiring users to grant Meta access to their Off-Facebook Data (i.e. data concerning users that is gathered on third party websites and applications and other non-Facebook Meta services, e.g. Instagram).

Green and Lewis LJJ refused permission on Meta’s two grounds of appeal, with reasons to follow.

The article about certification of the proceedings can be found here.

Robert O’Donoghue KC and Sarah O’Keeffe acted for the Class Representative, instructed by Quinn Emanuel Urquhart & Sullivan, LLP.

Tony Singla KC appeared for Meta, instructed by Herbert Smith Freehills.