It’s been three years since Epic Games, creators of Fortnite, sued Apple and Google for alleged illegal monopolies in app stores. Today, we can say that Epic has won the latest round against the search giant.
We were discussing this trial a few days ago, highlighting its significance for the future of applications, operating systems, and the mobile market.
And now, the jury in the Epic v. Google case has just issued its verdict, determining that Google turned its Google Play app store and its billing service, Google Play, into an illegal monopoly.
The jury ruled that Google is guilty of nearly everything
After just a few hours of deliberation, the jury unanimously answered yes to all the questions posed:
- That Google holds a monopoly in the markets for distributing Android applications and in-app billing services.
- That Google engaged in anticompetitive behavior in those markets.
- That Epic Games was harmed by that behavior.
They also decided that Google has an illegal tie between its Google Play app store and its Google Play Billing services, and that its distribution agreement, Project Hug agreements with game developers, and agreements with original equipment manufacturers were anticompetitive.
Google’s Vice President of Public Policy and Government Affairs, Wilson White, stated that the company plans to appeal the verdict and that “the trial has made it clear that we fiercely compete with Apple and its App Store, as well as with Android device app stores and gaming consoles.”
Epic Games declared in a blog post, “Today’s verdict is a victory for all app developers and consumers worldwide. It demonstrates that Google’s app store practices are illegal and they abuse their monopoly to extract exorbitant fees, stifle competition, and reduce innovation.”
It’s a historic win, especially considering Epic lost most of its battle against Apple two years ago when Judge Yvonne González Rogers decided that fight had nothing to do with apps.
However, the Epic v. Google case turned out to be quite different. It was based on secret revenue-sharing agreements between Google, smartphone manufacturers, and major game developers—agreements that Google executives internally believed were designed to keep rival app stores in check. And all of this was decided by a jury, unlike Apple’s ruling.
Still, what Epic Games has actually gained remains unclear; that depends on Judge James Donato, who will determine what appropriate remedies should be.
Epic has never sued for monetary damages; they want the court to instruct Google that every app developer has complete freedom to introduce their own app stores and billing systems on Android. How or even if the judge could grant these wishes is still uncertain.
Although Epic didn’t sue for damages, Tim Sweeney, CEO of Epic Games, hinted that Epic could potentially save hundreds of millions or even billions of dollars if they don’t have to pay Google’s fee.
