About the Foundation

The Right to Consumer Justice Foundation aims to bring access to justice to Dutch developers of Apple iOS applications and in-app digital products. These digital products provide essential functionality to Apple's iPhones, iPads and iPod Touch devices. They allow users to, among other things,pay bills, socialize, stream audio and video, monitor current events, and play games.iOS applications and in-app products bring Apple's mobile products to life and substantially enhance their value and functionality.

Through exclusionary and exploitative conduct, Apple exercises complete dominance in the market for iOS (and iPadOS) applications and in-app digital product distribution services. Apple secured this market position by barring developers from selling their iOS applications outside Apple's own App Store.

Apple's abuse of its dominant position has caused developers to pay excessive prices for the distribution of iOS applications and in-app products, causing damage to iOS developers. At the same time, Apple has profited unlawfully, resulting in an unjust enrichment. Apple has violated EU and Dutch competition law. By means of specific rules on private enforcement, these laws offer direct protection to citizens and undertakings, including iOS developers, who have suffered damages as a consequence from these violations.

The Foundation has retained the prestigious law firm of Kennedy Van der Laan, in collaboration with Hagens Berman EMEA LLP, to assist with the Foundation's mission. More information on Kennedy Van der Laan can be found at kvdl.com, and more information on Hagens Berman EMEA LLP at hbsslaw.co.uk. Hagens Berman EMEA LLP is the sibling office of US-based Hagens Berman Sobol Shapiro LLP (hbsslaw.com), which was named as top US class-action practice of the year for its pioneering work in this area of law.

OUR GOVERNANCE

In order to promote transparency and give you a better understanding of our work, we would like to explain in detail how our Foundation upholds compliance and how it is governed through various entities and management protocols. These entities include the Foundation itself, its funder, a board of directors, the board’s own supervisory group – the supervisory board, a management board, as well as the law firm litigating on behalf of those harmed by various kinds of fraud.

The Right to Consumer Justice Foundation is a Dutch legal entity (a foundation, or ‘stichting’ in Dutch) established as a non-profit organization to represent the interests of those affected by the wrongdoings of corporations. The Foundation is financed by Right to Consumer Justice Funding B.V. This litigation funder is managed by two lawyers from the law firm Hagens Berman EMEA LLP.

Our Foundation is governed by a supervised board of directors, whose activities are managed by the Claim Code. The board of directors is obliged to comply with this Code and report on it annually. Board members receive a fee for expenses related to the functioning of the Foundation and for attending meetings. These amounts are determined by the Supervisory Board. The board meets as often as the directors call a meeting and each director has one vote.

The supervisory board oversees the policy and strategy of the board of directors and the general affairs of the Foundation. The supervisory board also advises the management board, an additional key component to our governance. The supervisory board meets at least once a year and each member has one vote.

Additional information about our board members:

• Board members are reimbursed with compensation of €250 per hour for their efforts. Reasonable travel, accommodation and meal costs will also be reimbursed.
• None of the board members has a conflict of interest with the Foundation, nor any interest that would jeopardize their independence.
• The Right to Consumer Justice Foundation is funded by Hagens Berman Sobol Shapiro LLP through Hagens Berman EMEA LLP in London. In exchange for funding, developing and supporting the procedure and for its expertise in these areas, Hagens Berman receives 25% of the compensation realized by the Foundation.

Our lawsuits against companies who engage in wrongful acts are brought on a no-win, no-fee basis. If there is a surplus after payment of the benefits that is not claimed by represented claimants, we will use this surplus as much as possible in accordance with the Foundation's goals.