Epic Games wins trial against Google

Epic Games has won three years after suing Apple and Google for allegedly conducting unlawful app store monopolies. The jury in Epic v. Google has officially returned its judgment, and it ruled that Google created an unlawful monopoly with its Google Play app store and Google Play Billing service.

After only a few hours of deliberation, the jury unanimously agreed on every question posed to them: that Google has monopoly power in the Android app distribution and in-app billing services markets, that Google engaged in anticompetitive behavior in those markets, and that Epic was harmed as a result of that behavior. They determined that Google has an unlawful nexus between its Google Play app store and its Google Play Billing payment services, as well as that its distribution agreement, Project Hug partnerships with game creators, and OEM deals are all anticompetitive.

Google affairs and public policy vice president Wilson White stated that the firm intends to appeal the ruling and 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." Their complete statement is available later down.

Epic Games stated on their business blog,

“Today’s verdict is a win for all app developers and consumers around the world. It proves 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 remarkable victory, especially given that Epic lost its fight against Apple two years ago when Judge Yvonne Gonzalez Rogers ruled that the case had nothing to do with apps.

However, Epic v. Google proved to be a completely different case. It was based on secret revenue-sharing agreements between Google, smartphone manufacturers, and major game creators, which Google executives internally suspected were designed to keep competing app shops at bay. It demonstrated that Google was terrified of Epic in particular. And, unlike the Apple decision, it was decided by a jury.

However, we don't yet know what Epic has won; that decision will be made by Judge James Donato, who will determine the proper sanctions. Epic does not seek monetary damages; instead, it wants the court to tell Google that any app developer has the flexibility to build their own app stores and pricing systems on Android, and we don't yet know how or even if the judge will fulfill those demands. In the second week of January, the parties will meet with Judge Donato to consider potential remedies.

Judge Donato has previously declared that he will not grant Epic's further request for an anti-circumvention provision "just to make sure Google can't reintroduce the same problems through some alternative creative solution," as Epic lead attorney Gary Bornstein remarked on November 28th.

"We don't do don't-break-the-law injunctions... if you have a problem, you can come back," Donato was quoted as saying. He also stated that he has no plans to determine what percentage price Google should charge for its products.

Although Epic did not file a lawsuit for monetary damages, Epic Games CEO Tim Sweeney stated that if it does not have to pay Google's fee, it stands to profit hundreds of millions, if not billions, of dollars.