Issue: Appeal from dismissal of an application for class action certification concerning alleged anti-competitive exclusivity agreements in digital audiobook sales between Audible Inc. and Apple Inc.
Ruling: Appeal dismissed. The court upheld the decision not to grant an adjournment for additional evidence, finding no misapprehension or error in principle by the chambers judge.
Key Points:
The claim centered on exclusivity provisions violating competition laws.
The appellant sought an adjournment to address evidentiary deficiencies, which was denied.
The court emphasized judicial discretion and found no error warranting appellate intervention.