Norton Rose Fulbright wins Qualcomm case

Global law firm Norton Rose Fulbright has achieved a significant victory for Qualcomm in the £480 million collective proceedings led by consumer association Which? before the UK Competition Appeal Tribunal (Tribunal). This landmark ruling has resulted in the Tribunal approving the first-ever “drop hands” collective settlement, effectively resolving all claims against Qualcomm with no financial compensation to the class involved.

The Tribunal’s decision came after an extensive five-week trial during which it determined that the claims against Qualcomm “no longer had a realistic prospect of success,” with Which? facing “substantial evidential problems” in substantiating its case. The Tribunal concluded that dismissing all claims without any remuneration was reasonable and beneficial for all stakeholders, given that “the CR no longer had a realistic prospect of success,” Qualcomm “was not prepared to pay any sum,” and the settlement imposed genuine costs on the litigators and funders involved.

This outcome aligns with Qualcomm’s stance throughout the litigation, as the company has firmly denied all allegations since the claim was initiated in 2021. Moreover, it marks a significant progression in the UK collective proceedings framework, indicating that claims lacking merit can be efficiently resolved and offering guidance on how future “drop hands” settlements will be evaluated by the CAT.

Leading the Norton Rose Fulbright global team were partners Richard Zembek, Caroline Thomas, and Nuala Canavan, with essential contributions from Andrea D’Ambra, Ellen P. Blanchard, Verity Quartermain, Gabrielle Martin, Georgia Cairns, and Felice Galant. Qualcomm’s legal team was led by David Greenfield, and the firm's efforts were further supported by Quinn Emanuel Urquhart & Sullivan LLP and Brick Court Chambers, alongside expert economic insights from Compass Lexecon.

Caroline Thomas expressed her satisfaction with the outcome, stating, “This is an excellent outcome, which reflects the strength of Qualcomm’s case at trial and the exceptional work of our cross border team, including colleagues from London, Newcastle, Houston, Austin, Dallas, New York and San Francisco.”

Norton Rose Fulbright, with over 150 antitrust and competition lawyers globally, provides comprehensive advice on various facets of antitrust law, encompassing multinational mergers, compliance, and the area of antitrust litigation. The firm's experienced team of more than 40 dedicated antitrust litigators is noted for their expertise in both established and developing markets within the field.