CAT certifies mobile handset “loyalty penalty” claims against the UK’s mobile network operators

On Friday 14 November 2025, the Competition Appeal Tribunal handed down its judgment certifying Justin Gutmann’s four “standalone” collective actions against the UK’s mobile network operators (MNOs). The collective actions concern an alleged abuse of dominance and alleged financial losses sustained by customers arising from contracts that combine the cost of a mobile phone (which is paid for over a minimum contractual term) and the cost of a network connection, where the customer continues to pay the same monthly price under the contract even after the mobile phone has been paid for. With certification having been granted, the proceedings may now progress toward trial.

In addition to granting Mr Gutmann’s certification application, the Tribunal dismissed an application by three of the four defendant groups to strike out / summarily dismiss claims that arose between 1 October 2015 and 8 March 2017 on grounds that those claims are time barred under the Limitation Act 1980. The Tribunal held that the application of the Limitation Act 1980 (and section 32 in particular) is properly a matter for trial.

The Tribunal also granted a separate application brought by the defendants to strike out / summarily dismiss claims that arose before 1 October 2015. On its construction of Rule 119 of the Competition Appeal Tribunal Rules 2015, Rule 31 of the Competition Appeal Tribunal Rules 2003, and provisions in primary legislation (the Competition Act 1998 and the Enterprise Act 2002), the Tribunal held that standalone claims that arose before 1 October 2015 are subject to a strict 2 year limitation period from the date the cause of action accrued.

James White acted for the class representative and continues to act in the proceedings, instructed by Charles Lyndon Limited, led by Rhodri Thompson KC and Nicholas Gibson.

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