In brief
- A £260m settlement in the collective proceedings brought by Professor Rodger against Google has been approved by the Competition Appeal Tribunal.
- Developers of mobile games and other apps who paid commissions to Google on app sales or in-app purchases may be entitled to a share of the settlement.
- Developers will shortly be able to come forward to claim their share, but should consider taking legal advice as to whether they should instead make their own claim before 18 January 2027.
- This settlement marks an important and successful milestone in the opt-out regime, particularly against the backdrop of recent consultation by the Government into the regime's future.
Background
Professor Rodger brought a claim in September 2024 on behalf of UK app developers (including many game developers), alleging that Google breached competition law by charging excessive commission rates to developers for app sales made on the Google Play Store, and on in-app purchases or subscription sales made on Android apps. Professor Rodger sought compensation from Google. The claim was headed for trial to commence in October 2026, alongside a separate collective proceeding alleging similar breaches of competition law on behalf of consumers (in respect of which trial is currently going ahead). This case follows a similar, successful case brought against Apple, in which the Tribunal ruled last year that Apple's App Store commission rates were excessive and that App Store consumers were entitled to compensation of around £1.5 billion.
Ahead of trial, Professor Rodger and Google agreed to settle the claim for £260m, to be split between app developers and other stakeholders in the claim (including lawyers and the litigation funder). The precise split is yet to be determined, but it is envisaged that at least £100m of the sum will be reserved for stakeholders, with the remaining £160m potentially available for app developers.
In a hearing last month, the Tribunal scrutinised the terms of the settlement. Questions were raised in relation to the proposed plan to distribute the settlement amount to developers. The parties amended the proposed settlement to address these concerns. The Tribunal has now approved the settlement, paving the way for app developers to come forward and claim their share of the settlement pot. However, significant questions about the split of the settlement sum between app developers and other stakeholders, and the entitlements of individual developers have not yet been determined and are expected to be the subject to the Tribunal's scrutiny at a further hearing in due course.1
Analysis
UK-domiciled app developers who sold their app on the Google Play Store or made in-app sales to Android users between 22 August 2018 and 31 July 2026 and have not opted-out of the Rodger claim may now be entitled to compensation. Developers will receive a share of the £160m class pot pro rata based on the value of their Google sales. A developer's sales will be assessed primarily on the basis of Google's own data until March 2025 (extrapolated for the period until 31 July 2026). Larger developers may be entitled to significant sums.
The £160m class pot represents around 15% of the original total value claimed by Professor Rodger of just over £1.04bn. This is the largest settlement achieved under the collective proceedings regime since its introduction eleven years ago. The Government is consulting on how the regime could be improved, and this settlement will be welcomed as a sign that collective proceedings can and do deliver compensation for those harmed by anticompetitive conduct.
Developers will be bound by the settlement unless they decide to opt-out by 18 January 2027. By opting out of the settlement, developers would be preserving their right to initiate their own proceedings against Google for damages.
Professor Rodger published a notice of the settlement on 16 October 2026 (available here), and will shortly set out the steps developers need to take to claim their entitlement via the claim website. Developers will have a period of four months within which they must come forward. After the claim window ends, there will be a further hearing where the Tribunal approves the final distribution of the settlement pot to class members and stakeholders. Developers who have not opted out will be given the opportunity to make submissions at this hearing if they object to any aspect of the distribution, including if they consider that they have not received a fair share of the settlement pot.
To the extent that there remain undistributed damages from the £160m pot, it will be open to all parties to make submissions on how the undistributed share should be allocated. It may be open to developers who have come forward and who have not opted out to argue that their share of damages should be increased, for example on a pro rata basis.
What should developers do now?
Developers should consider whether they fall within the scope of the settlement, and if so, if they wish to come forward to claim an entitlement under the settlement, or opt-out within the deadline.
If developers do wish to pursue their own claim against Google for damages in relation to this conduct, they must opt-out by 18 January 2027. Developers may wish to seek legal advice to consider their options in detail in advance of this deadline.
Mishcon de Reya LLP advised Dream Games, the developer behind Royal Match and Royal Kingdom, in its intervention in the settlement hearing.