Yamaha Consumer Claim
If you purchased a Yamaha musical instrument or accessory product in the UK between 2013 and 2018, you could be eligible for compensation in the Yamaha Consumer Claim.
What is the claim about?
In an investigation by the Competition and Markets Authority, it was discovered that Yamaha entered into an unlawful agreement with one of its most important UK resellers, stipulating that they could not advertise or sell online certain Yamaha products below a certain price.
The agreement meant that all Yamaha products were sold at higher prices online and in-store between 2013 to 2018 than they should have been.
If between 1 March 2013 to 31 March 2018 you purchased a new acoustic piano, digital piano, digital keyboard, synthesiser/stage piano, workstation, guitar, ukulele and/or certain other products supplied by Yamaha in the UK, or any such products supplied by a musical instruments manufacturer other than Yamaha, you could be owed compensation.
The claim will be automatically brought on behalf of a class of individuals who meet these conditions, meaning you will not have to sign up for the claim in order to be a part of the action. This is called an opt-out class action.
Why Pogust Goodhead?
Pogust Goodhead is a law firm primarily based in London, specialising in large-scale and complex group litigation, including competition law litigation. The firm also has offices in other locations such as Amsterdam, Miami, Philadelphia, and São Paulo.
Pogust Goodhead has particular experience in seeking redress for consumers, as evidenced in the NOx Emissions litigations that are currently proceeding through the High Court.
Pogust Goodhead is providing legal support to Elisabetta Sciallis in her claim before the Tribunal.
Elisabetta Sciallis
Elisabetta, the proposed class representative, is the Principal Policy Adviser at the consumer organisation Which?. Prior to this role she was an executive in consumer cross-border affairs for the UK European Consumer Centre at the Chartered Trading Standards Institute for over a decade.
Throughout 18 years working in the consumer and commercial law sphere, Elisabetta has qualified as both a solicitor of England and Wales and an advocate in Italy. She has also drafted several publications on consumer protection for the Journal of Trading Standards and Chartered Trading Standards Institute and has been consulted by both the European Commission and UK Government on the subject.
Elisabetta has dedicated her professional life to the defence and protection of consumers. She also has considerable experience of project management and policy delivery, so as to allow her to manage this large and complex litigation on your behalf.
We estimate that Ms Sciallis’ application for a collective proceedings order will be heard by the Competition Appeal Tribunal in 2024. The hearing will allow the Tribunal to consider whether the claim should be allowed to proceed.
FAQS
The Yamaha Consumer Claim is a legal action primarily against Yamaha Music Europe GmbH (Yamaha) for its engagement in a breach of UK and European competition law. Yamaha’s parent company, Yamaha Corporation, is also included in the action.
We are seeking compensation for customers who purchased a new electronic musical product, related component or accessory product between March 2013 and March 2018.
All individuals who purchased a new acoustic piano, digital piano, digital keyboard, synthesiser/stage piano, workstation, guitar, ukulele and/or certain other products supplied by Yamaha Europe between 2013 and 2018 can join the claim.
We are seeking compensation for four classes of purchasers. If you think you are eligible, please submit your details via this page so we can get in touch.
The claim will not include any of the following:
- Any person active as a business selling any of the products listed in the FAQ ‘What are the affected products?’
- Members and staff of the Competition Appeal Tribunal assigned to this claim.
- Officers, directors, or employees of: Yamaha Europe or Yamaha Corporation; any entities which have a direct or indirect interest in Yamaha Europe or Yamaha Corporation that gives rise to significant control; and any entities in which either Yamaha Europe or Yamaha Corporation have such an interest.
- Pogust Goodhead employees and employees of the legal representatives of Yamaha Europe and Yamaha Corporation, as well as any experts or other professional advisers instructed in this claim, including those assisting them.
For purchases in the period of 1 March 2013 to 30 September 2015, the following products are being classed as affected: acoustic pianos, digital pianos, digital keyboards, synthesisers/stage pianos, workstations, guitars, and/or ukuleles.
For purchases in the period of 1 October 2015 to 31 March 2018, the following products are being classed as affected: acoustic pianos, digital pianos, digital keyboards, synthesisers/stage pianos, workstations, any other hi-tech music production products, guitars, ukuleles, any other stringed instruments, wind instruments, brass instruments, percussion instruments, and any accessories for such musical products.
Following an investigation by the Competition and Markets Authority (the “CMA”), Yamaha Europe admitted to infringing provisions of both UK and European competition law.
According to the CMA, Yamaha Europe entered into agreements with one of its most important UK resellers which stipulated that they would not advertise or sell online certain Yamaha products below prices specified by Yamaha Europe.
The CMA found that these agreements prevented competition within the United Kingdom and/or European Union which would have ultimately led to consumers paying a higher price for the products referred to above.
This claim is brought on an opt-out basis for individuals domiciled in the UK. If you are not resident or domiciled in the UK, and you wish to participate in the proposed collective action, you will need to opt in to the claim.
Opt-in registration will be open at a later date, but please register your interest to receive more information and we will keep you informed of when you can opt in, and the process to be followed.
At this stage of the litigation, we cannot guarantee how much compensation each person will receive. However, we will always do our best to claim maximum compensation for our clients.
The length of these proceedings will primarily depend on the approach that Yamaha decides to adopt in response to our application.
If Yamaha refuses to settle at an early stage, it could be several years before we will be able to secure compensation for Yamaha customers.
We will be sure to provide regular updates via this website and also via email to those that have subscribed for updates.
Eligible people do not need to do anything in order to be included in the claim. We will be taking the case to Court on behalf of all purchasers automatically.
However, if the claim is successful, you will need to provide certain information in order to receive the compensation.
We will update this website and be sure to publicise how we require this information from class members.
You do not need to register for updates in order to be eligible for compensation.
If the Tribunal allows the proposed claim to proceed, anyone who meets the class definition will be included in the claim automatically and bound by the result, unless they ask to opt out.
If you do not want to be a part of these proceedings, you will have the opportunity to opt out at a later date.
If you opt out of the claim, you will not be entitled to any compensation that is awarded as a part of these proceedings.
We have ATE insurance in place that will cover all legal costs if the claim is not successful. This means you will not be liable to pay anything.
Yes. Representatives of the estates of deceased individuals will automatically be included in the claim. They also have the opportunity to opt-out.