Google has illegal app store monopoly says jury in Epic case

Martin Brinkmann
Dec 12, 2023
Google, Google Android
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5

A jury has just decided that Google has an illegal app store monopoly on Android. Epic Games, which sued both Apple and Google about three years ago over app store practices, has won its case against Google.

A jury found that Google turned its Google Play app store and Google Play billing into an illegal monopoly. It took the jury just a few hours before it reached the verdict.

The jury decided that Epic did prove the "existence of a relevant antitrust market". The relevant products were the Android app distribution market and the Android in-app billing services for digital goods and services transactions market worldwide, with the exception of China.

It agreed that Google acquired or maintained monopoly power by "engaging in anticompetitive conduct" in the markets and that Google's behavior did affect Epic Games negatively. The jury also found that certain agreements between Google and other companies were also "unreasonable restraint(s) of trade".

Specifically mentioned were Google's agreements with mobile device OEMs, agreements with competitors under Project Hug or Games Velocity Program, and DDA agreements.

Google paid game developers and publishers hundreds of million of Dollars under Project Hug and the Games Velocity Program to keep games on the Play Store.

When Epic Games launched Fortnite for Android, it did so outside of the Google Play Store. Android gamers could download Fortnite from Epic's website to install it on their devices. This allowed Epic to avoid Google Play's 30% fee, even though it meant that the installation process was not as straight forward.

Installation of apps from sources outside of the Google Play Store require that users allow installations from these sources. In 2020, Epic Games would publish Fortnite on the Play Store. When it introduced direct payment options to bypass store fees, Google kicked the app out of the store.

Epic calls the verdict a "win for all app developers and consumers around the world". The verdict proves that "Google’s app store practices are illegal and they abuse their monopoly to extract exorbitant fees, stifle competition and reduce innovation" according to the announcement on the official Epic Games website.

Google already mentioned that it will appeal the verdict according to The Verge.

Epic did not seek monetary damages in the case against Google. The company's main goal is to break up Google Play's hold on the Android application ecosystem to allow third-party stores to exist and thrive on Android.

Closing Words

Epic lost its court battle against Apple almost two years ago. A major difference between the two court cases is that Google agreed to secret revenue sharing deals, which Google internally saw as effective measures to block third-party app stores from emerging or thriving.

Google and Epic will meet in court again in January to discuss potential remedies.

Now You: what is your take on the verdict?

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Google has illegal app store monopoly says jury in Epic case
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Google has illegal app store monopoly says jury in Epic case
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A jury has just decided that Google has an illegal app store monopoly on Android.
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Comments

  1. sueyispainless said on December 14, 2023 at 3:23 am
    Reply

    Of course they would appeal the case to the surprise of no one. I remember rooting for Google when they were up against Oracle. In hindsight maybe that was a mistake. Damn the weasle legalese sueyside try-hards trying to keep the status quo.

  2. Ty said on December 13, 2023 at 3:56 am
    Reply

    Same can be said with their plot to turn every google browser on earth into cyber crime factories with Manifest V3

  3. TelV said on December 12, 2023 at 4:04 pm
    Reply

    So theoretically, Google shouldn’t be allowed to incorporate ads in users uploaded videos on Youtube since they don’t own the content to begin with.

    Either that, or users would be within their rights to charge Google the same 30% fee for embedding ads in users content.

    Now all we need is a class action lawsuit to pursue that goal and on the usual “no cure, no pay” basis of course. Any takers?

    1. bruh said on December 12, 2023 at 5:33 pm
      Reply

      “So theoretically, Google shouldn’t be allowed to incorporate ads in users uploaded videos on Youtube since they don’t own the content to begin with.”

      No, because they are hosting your stuff, worldwide? There is almost a transaction going on there.

      If something you upload is not copyright claimed, you can turn off advertisements, im pretty sure.

      Kind regards,

      Andy B.

  4. Blokky Blokk said on December 12, 2023 at 1:48 pm
    Reply

    Yeah well, the way things are going Google can soon start buying whole countries and become the global justice system itself. Just remember to not use adblockers, kids! Because if you use adblockers Google can become HOMELESS. Do you really want to see Google on the streets, sucking d*ck for meth???

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