The Competition Appeal Tribunal has reserved judgment following a two-day hearing concerning a £1.5bn legal action against property portal Rightmove. The decision will determine whether approximately 13,000 estate agency and property businesses will be automatically included in the claim or required to register individually.
The hearing, held on 2 and 3 November, focused on whether the proposed collective action should proceed on an opt-out basis. Rightmove has challenged this approach, arguing that affected businesses are identifiable and capable of deciding whether to participate.
The claim alleges that Rightmove abused its dominant market position by charging excessive and unfair subscription fees and restricting competition. Rightmove strongly denies these allegations, stating the claim is "without merit" and that it will defend the proceedings vigorously.
Proposed class representative Jeremy Newman argued that requiring thousands of agents to sign up individually would make it harder for smaller businesses to pursue compensation. Newman's legal team also stated that the Tribunal questioned the practicality of contacting and encouraging around 13,000 businesses to participate in an opt-in action, reportedly describing it as a "significant task."
The claim covers subscription fees paid between 1 April 2020 and 1 April 2026.