While Match recently resolved its antitrust lawsuit against Google, Epic Games, the creator of Fortnite, is still heading to trial with the tech giant on November 6th. Epic aims to persuade a jury that Google engages in anticompetitive practices related to its Android app store, Google Play, and its commission structure. Unlike Epic’s previous legal battle with Apple, where they claimed no alternative app loading method, they cannot make the same argument against Android, which allows sideloading. Epic’s primary focus will be on alleged anticompetitive agreements between Google, device manufacturers, and developers.
Epic’s case relies on a precedent set in a Microsoft case where courts found Microsoft guilty of monopolizing the operating system market and hindering the download of alternative browsers on Windows devices.
To support its case, Epic will cite Sections 1 and 2 of U.S. antitrust law, the Sherman Act, and California’s anticompetitive laws, the Cartwright Act, and the Unfair Competition Law. Epic will argue that Google restricts competition in two markets: the distribution of apps to Android users and the market for payment processing solutions within Android apps.
Google’s defense includes highlighting its User Choice Billing option, which offers a discount on commissions for third-party billing options. Google insists that its commissions fund safety features, help users discover new apps, and support developers. The company also points out that Android supports competitive app stores like Samsung’s Galaxy Store and Amazon’s Appstore.
Epic contends that Google hinders alternative app stores and cites “Anti-Fragmentation Agreements” (AFAs) that prevent OEMs from enabling frictionless app downloads outside of Google Play. Epic will also mention agreements between Google and app developers, such as the “Project Hug” initiative, which allegedly paid developers not to distribute apps outside the Play Store.
Google emphasizes that Android allows sideloading, making it more flexible than Apple’s ecosystem. Epic argues that Google makes sideloading overly complicated for users. Google will refute claims of hiding communication records, saying it has provided chat logs and documents to the court.
Google’s ultimate argument is that Epic’s case is about money, as Epic wants to access Google Play’s vast user base without paying the associated fees.
Epic’s lawsuit initially included Match and several U.S. attorneys general, but Google settled with them. The lawsuit, held in the U.S. District Court in California’s Northern District, will feature testimony from Google and Android executives, including CEO Sundar Pichai, and Epic Games CEO Tim Sweeney, as well as representatives from Apple, Netflix, and other Android developers.
Google is also facing another antitrust lawsuit with the Department of Justice over alleged search monopoly practices. Meanwhile, Epic lost its antitrust case against Apple and is seeking the Supreme Court’s intervention.
