The jury in the Epic Games lawsuit finds that anticompetitive barriers benefit Google's Android app marketplace

December 13, 2023

A federal court jury has ruled that anticompetitive restrictions have shielded Google’s Android app store, harming software developers and smartphone users alike and upending a key tenet of a vast digital empire.

The jury deliberated for barely three hours before reaching a unanimous decision on Monday. The trial lasted four weeks and focused on a profitable payment scheme found in Google’s Play Store. The store is the primary location where hundreds of millions of users worldwide download and install applications designed for smartphones running Google’s Android operating system.

Google stated in a statement that it will appeal the decision. More options and transparency are offered by Android and Google Play than by any other significant mobile platform. Wilson White, Google’s vice president of government affairs and public policy, stated that “the trial made clear that we compete fiercely with Apple and its App Store, as well as app stores on Android devices and gaming consoles.” “We will continue to defend the Android business model and remain deeply committed to our users, partners, and the broader Android ecosystem.”

The creator of the well-known video game Fortnite, Epic Games, sued Google three years ago, claiming that the internet giant had been abusing its position to keep its Play Store safe from rivals, thus safeguarding a billion-dollar profit margin. Similar to what Apple does with its iPhone app store, Google takes a commission on digital transactions made within apps, which can range from 15% to 30%.

Epic filed a similar lawsuit against the iPhone app store, but Apple won that one. However, a federal judge’s decision from the 2021 trial is being appealed to the U.S. Supreme Court.

Although Google legally permits Android apps to be downloaded from different stores—a feature that Apple forbids on the iPhone—the nine jurors in the Play store case seemed to have a different perspective on the matter.

Google attempted to have the Play store trial concluded without a jury, but U.S. District Judge James Donato denied the motion just before the trial began. Donato will now have to decide what actions Google needs to take to change its Play Store behavior. The judge announced that hearings on the matter will take place in the second week of January.

After the result was announced, Epic CEO Tim Sweeney grinned broadly, clapped his lawyers on the back, and shook hands with a Google lawyer he commended for his cool demeanor throughout the trial.

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