Epic Games has petitioned a federal judge in California to compel Google to enhance competition within its Play Store following a jury’s determination that the technology behemoth had misused its authority as a gatekeeper for apps on the Android platform. It is the creator of the popular video game “Fortnite,”.
In a court filing submitted on Thursday to U.S. District Judge James Donato in San Francisco, Epic proposed measures including requiring the Google Play Store. Mainly to afford users increased flexibility in app downloads and curtailing Google’s capacity to forge agreements with device manufacturers that limit the preloading of rival app marketplaces.
Epic underscored in a statement on Friday its desire to introduce its Epic Games Store to Android “without undue hindrances.” Additionally, the company emphasized the necessity for consumers and developers to enjoy greater autonomy in conducting and offering in-app purchases. Absolutely free from anticompetitive constraints and fees.
In response, Google countered in a statement on Friday that Epic’s court submission “demonstrates once again [Epic’s] desire to avail itself of the advantages of Google Play without commensurate compensation.” Google asserted that “Android remains an open mobile platform facing vigorous competition” from rivals like Apple.
Judge Donato oversaw a high-profile antitrust trial that culminated in a jury ruling against Google, which is owned by Alphabet, in December.
While Judge Donato is not obliged to accede to Epic’s proposal, a protracted legal battle is likely before any definitive directive concerning Google is issued. Nonetheless, the recent filing heralds the next pivotal juncture in assessing Google’s authority to enforce regulations on app developers and users.
The jury verdict in December determined that Google had unlawfully obstructed developers’ ability to distribute their apps independently of the Play Store and exerted excessive control over in-app transaction payments, imposing a 30% commission on many apps and purchases.
Google has vigorously defended its app store policies and refuted any allegations of impropriety. The company has until May 3 to respond to Epic’s proposal, which does not include a demand for monetary damages.
Epic’s CEO, Tim Sweeney, has criticized the December settlement with Google as insufficient in reinstating competition within the Play Store.
The company disclosed plans to expand the options for app and game developers to offer consumers alternative billing methods for in-app purchases, having piloted “choice billing” in the U.S. for over a year.
Google has announced its intention to appeal the December antitrust verdict, and it retains the ability to contest any reforms mandated by Judge Donato, potentially prolonging the legal proceedings for years.
Epic’s analogous lawsuit against Apple, filed in 2020 challenging its control over the App Store, remains ongoing after a trial without a jury and subsequent appeals.
