Elaine Whiteford

Who? Elaine Whiteford, partner at Willkie Farr & Gallagher (UK) LLP, London.

Why is she in the news? Represents consumer group Which? in a landmark £3bn legal claim against Apple. Which? claims the tech giant has breached competition law by effectively locking millions of consumers into its iCloud service at ‘rip-off’ prices.

Thoughts on the case: ‘It concerns cloud storage, something of growing importance to consumers as we all generate increasing amounts of data using our mobile phones. The claim asserts that Apple has abused its dominant position in relation to the operating system used on iPhones, iPads and, previously, iPod Touch devices, to benefit its iCloud storage services, reduce consumer choice and increase prices. The case shines a light not only on “tying” different services together, but also on how consumers can be steered in decision-making by the presentation and timing of prompts and reminders in a way that denies them effective choice. These behaviours are to be found in different sectors and products, so these proceedings potentially may herald more widespread changes in behaviour and increased consumer awareness about how their decision-making can be influenced.’

Apple said: ‘Apple believes in providing customers with choices. Our users are not required to use iCloud, and many rely on a wide range of third-party alternatives for data storage. In addition, we work hard to make data transfer as easy as possible – whether to iCloud or another service. We reject any suggestion that our iCloud practices are anti-competitive and will vigorously defend against any legal claim otherwise.’

Dealing with the media: ‘We worked closely with the press and communications team at Which? and with specialist media consultant Jim Baxter Media to craft clear and accessible messaging around the claim. In collective proceedings, class representatives are responsible for putting together a clear and comprehensive communications and noticing strategy to bring the claim to the attention of as many class members as possible, and to communicate with them at salient points throughout the proceedings. There is also a claims website which contains information about the claim and on which people can register for updates. As the proceedings progress and there are updates to provide, further press engagement will take place.’

Why become a lawyer? ‘As the first person in my family to go to university, I thought that you had to study something with a job title attached. I was too squeamish to be a medic, and as I prefer words to numbers, law over accountancy was a no-brainer. After an initial career in academia, a career in EU law and competition law beckoned.’ 

 

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