Epic Games
While Epic’s antitrust arguments against Google had many similarities to those in the company’s previous case against Apple, the rulings were very different. A federal jury took just a few hours of deliberations Monday afternoon to determine that Google has an illegal monopoly in the markets for Android app distribution and in-app billing services.
The jury unanimously answered “yes” to all 11 questions on the judgment form, indicating that Epic has proven the existence of monopolies in every global market except China. The ruling said Google “engaged in anti-competitive conduct” to create or maintain a monopoly and illegally linked the Google Play Store to Google Play billing. The jury also agreed with Epic’s arguments that programs like “Project Hug” and agreements signed with Android phone OEMs represent “unreasonable restraints of trade,” hurting Epic in the process.
With the ruling, US District Judge James Donato will hold hearings next month to determine the best way to remedy Google’s anticompetitive monopoly power. During the trial, Epic did not seek monetary damages, but requested that it and other developers be able to offer their own Android app stores and use their billing systems on Android devices “without restrictions.”
The ruling came after closing arguments where Epic attorney Gary Bornstein argued that Google’s actions “resulted in higher prices for developers and consumers, as well as reduced innovation and quality.” In his closing arguments, Google lawyer Jonathan Kravis said the Android maker was effectively restricted in the mobile app market by Apple, and that “Android phones can’t compete with the iPhone without a great app store on them.”
“Today’s ruling is a win for all app developers and consumers around the world. It proves that Google’s App Store practices are illegal and that they abuse their monopoly to extract exorbitant fees, stifle competition, and diminish innovation,” Epic said in a statement posted on its website. website. “The evidence presented in this case demonstrates the urgent need for legislation and regulation that addresses Apple and Google’s stifling restrictions on smartphones, including promising legislation now underway with the UK Digital Markets, Competition and Consumer Act and the EU Digital Markets Act.”
Google’s vice president of government affairs and public policy, Wilson White, said in a statement provided to the press that the company would appeal the ruling, and that Android and Google Play “offer more choice and openness than any other major mobile platform.” The trial made clear that we compete “aggressively with Apple and its App Store, as well as app stores on Android devices and game consoles. We will continue to champion the Android business model and remain deeply committed to our users, partners, and the broader Android ecosystem. “
Along the way
Epic Games
The ruling comes more than three years after Epic first introduced its “Epic Direct Payment” option in mobile versions of fortnite. The move quickly resulted in the game being removed from both the iOS App Store and Google Play, prompting Epic to unleash a previously planned lawsuit against both Apple and Google.
The proceedings in the Google trial largely waited until the conclusion of Epic’s trial against Apple. In that case, a judge (not a jury) decided in late 2021 that Apple did not violate antitrust law, a decision that was upheld by an appeals court in April.
While Google allows competing app stores to operate on Android (unlike Apple on iOS), Epic alleged that Google engaged in a “bribery and ban” strategy that prevented those competing stores from gaining an effective foothold in the market. Google also spent “hundreds of millions of dollars” to top Android developers in a program called Project Hug to prevent “contagion risks” for those companies that distribute their apps outside of the Google Play Store, Epic argued during the case.
“Victory over Google,” Epic CEO Tim Sweeney he wrote on social media After the ruling is issued. “After 4 weeks of detailed court testimony, a California jury found against Google Play on all counts. …Thank you for everyone’s support and faith! FREE fortnite!
In a landmark decision, a jury recently concluded that Google’s Android app store monopoly has infringed on antitrust law. This ruling marks a significant development in the ongoing debate surrounding big tech companies and their control over digital markets. The decision has raised important questions about the power that these companies hold and the potential impact on competition and consumer choice. With implications that could reverberate throughout the tech industry, the jury’s verdict has sparked widespread discussion and debate.