A battle between a consumer rights group and Qualcomm is headed for the courts this week, and depending on the outcome, some buyers of Samsung and Apple devices between a certain period of time may get some money back.
U.K. rights group Which? sued Qualcomm in 2021, alleging it breached competition laws by charging Apple and Samsung higher license rates for its components and other essential technology. This resulted in higher device prices for consumers, the group said.
The claim was sent to the Competition Appeal Tribunal, where it was authorized to proceed in 2022. Now, the case will be heard in a trial expected to last for five weeks. Should Which? be successful, a share of the £480 million (which is around $685 million) will be paid out to U.K. phone buyers.
Not the largest potential payout
Credit:Â Justin Duino / Android Police
However, before anyone starts planning retirement, the amount expected to be due to anyone who purchased a Samsung or Apple phone between 2015 and 2024 is £17, or about $23. This also depends on the lawsuit being successful.
Qualcomm is no stranger to this kind of accusation, and unfortunately for Which?, it beat a case filed against it in 2017 in the U.S..
The Federal Trade Commission (FTC) filed an antitrust case against Qualcomm stating it had used its position to force device manufacturers into paying particular license fees or not be able to use certain essential components, creating exclusive deals, and holding back licenses to competitors.
The case was messy, with an initial win in 2019 for the FTC being reversed in the U.S. Court of Appeals in 2020, when the FTC decided against taking the case to the Supreme Court. However, it did lose a case in the European Union in 2024, when it was found guilty of pricing components below cost to price out the competition.
Are you eligible?
Will your old Samsung or Apple phone make you eligible in the claim, should it be successful? Without getting into the legal weeds, the latest U.K. class action lawsuit uses an opt-out regime introduced as part of the Consumer Rights Act 2015, where consumers don’t need to take proactive action to be part of the case.
Which? has a website where individuals who purchased a Samsung or Apple phone between the relevant dates can check if they are part of the class action. It covers many Samsung phones from the Galaxy A5 to the Galaxy S20 Ultra. The Apple phones covered range from the iPhone 5S to the iPhone 11 Pro Max.
According to the website, the trial beginning on October 6 will last for five weeks, and is the first trial in the proceedings.
