Epic Games, the creator of the popular Fortnite video game, is requesting a federal judge in California to mandate that Google enhance competition within its Play Store. This comes on the heels of a jury ruling that found Google had abused its position as the gatekeeper for apps on the Android platform.
In a court filing submitted on Thursday to U.S. District Judge James Donato in San Francisco, Epic outlined its desire for the Play Store to grant users increased freedom for app downloads. The proposal includes measures to prevent Google from striking agreements with device manufacturers that would inhibit the preloading of competing app stores.
On Friday, Epic emphasized the need for its Epic Games Store to launch on Android without unnecessary delays and obstacles. The company also highlighted that consumers and developers should possess greater authority over in-app purchases, free from anti-competitive fees and limitations.
In response, Google issued a statement indicating that Epic’s filing demonstrates the company’s desire to gain the advantages of Google Play while avoiding associated costs. Google defended its Android platform as an open mobile environment facing significant competition from Apple and other tech firms.
Judge Donato recently oversaw a significant antitrust trial that concluded in December with a jury verdict against Google, a subsidiary of Alphabet.
Donato has discretion regarding Epic’s proposal, and a contentious legal battle is anticipated before any permanent decisions regarding Google are made. The latest filing represents a crucial test of Google’s regulatory authority over app developers and end-users.
The December jury determined that Google had unlawfully hindered developers from distributing their apps outside the Play Store and maintained excessive control over in-app payment processes. The company typically imposes a standard 30% commission on many apps and in-app purchases.
Google has stood by its app store practices, denying any misconduct. The company faces a May 3 deadline to officially respond to Epic’s latest recommendations. Notably, Epic’s lawsuit does not seek monetary compensation.
Epic CEO Tim Sweeney has previously stated that Google’s settlement in December fell short of restoring fair competition in the Play Store.
Based in North Carolina, Epic Games is privately owned, with Chinese tech giant Tencent holding a 40% stake and Walt Disney possessing approximately 9% as of February.
In December, Google agreed to a $700 million settlement to address state and user complaints regarding its Play Store regulations. The company announced at that time plans to broaden options for app and game developers, allowing them alternative billing methods for in-app purchases. This “choice billing” initiative has been piloted in the U.S. for over a year.
Google has also declared its intention to appeal the December antitrust jury verdict and has the ability to contest any reforms mandated by Judge Donato, potentially lengthening the proceedings for years.
A comparable lawsuit filed by Epic against Apple in 2020, challenging the company’s control over its App Store, continues to progress through the legal system following a non-jury trial and appeals.
© Thomson Reuters 2024
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