Epic wins antitrust battle with Google

Federal jury finds unanimously in Epic’s favour on all counts

The ruling has potentially far reaching implications for the ways that Google and also Apple manage software downloads on their devices

Epic Games, maker of Fortnite, has won its month-long antitrust showdown with Google. Epic had accused Google of using the Google Play app store as an illegal monopoly.

After short deliberation, jurors found for Epic on all eleven counts, apparently convinced by Epic's arguments that Google had abused its market dominance over app distribution and payments which constitutes a violation of federal antitrust law. In particular, jurors found the Google had unlawfully tied the use of the Google Play Store to Google Play Billing.

This manifested itself as fees of up to 30% for app developers, which Epic argues illegally stymied innovation and increased prices for consumers.

Epic proved that this monopoly existed in every market globally, with China being the sole exception.

"Today's verdict is a win for all app developers and consumers around the world," Epic Games said in a statement. "It proves that Google's app store practices are illegal and they abuse their monopoly to extract exorbitant fees, stifle competition and reduce innovation."

Epic has been trying to encourage direct downloads of Fortnite for several years. In 2020, Epic reluctantly released Fortnite through Google Play app store but made clear that it didn't appreciate the discouragement of direct downloads. The game is not currently available on Google Play.

Fortnite can't be installed on iOS devices through Apple's App Store either. An attempt by Epic to bring a very similar case against Apple resulted in a far more mixed ruling in 2021 which, although mainly coming down in Apple's favour, did direct the company to direct customers to payment options other than the App Store. However, that ruling is still in the process of being appealed by both Epic and Apple.

Unsurprisingly Google has announced its intention to appeal this ruling too.

In a statement provided to TechCrunch, Google's VP of Government Affairs & Public Policy Wilson White confirmed the company's plans to appeal:

"We plan to challenge the verdict. Android and Google Play provide more choice and openness than any other major mobile platform," White said. "… We will continue to defend the Android business model and remain deeply committed to our users, partners, and the broader Android ecosystem."

The next step is for the judge in the case to decide remedies that should be applied by Google, and this ruling is not expected until the New Year.