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Epic win lawsuit as court rules Google's app store is an illegal monopoly

Now Google needs a Project Hug

Characters including Peely and someone riding a shopping cart in artwork for Fortnite's Season OG
Image credit: Epic Games

Epic have won a victory in their attempt to argue that Google violates antitrust laws, as a jury has agreed that the Google Play app store and Google Play Billing service constitute an illegal monopoly. The decision comes three years after Epic first attempted to bypass Apple and Google when selling in-app purchases within Fortnite, leading to the game being yoinked from both the Apple and Google app stores and Epic filing lawsuits against both tech giants.

The jury was unanimous in agreeing that Google has monopoly power in Android app distribution and billing, that Google did anticompetitive things in those markets, and that Epic was injured by that behaviour, according to The Verge.

Evidence offered during the trial showed that Google did not treat all developers selling through its app store equally, offering sweetheart deals to some. This included an inititative called "Project Hug", in which Google offered investment to mobile developers it considered at risk of trying to leave the Google app store. The search giant also considered buying a stake in Epic.

A statement from Epic called the verdict "a win for all app developers and consumers."

"Victory over Google! After 4 weeks of detailed court testimony, the California jury found against the Google Play monopoly on all counts," Tim Sweeney said on X. "The Court’s work on remedies will start in January. Thanks for everyone’s support and faith! Free Fortnite!"

Google say they plan to challenge the verdict.

The outcome of this case comes in contrast to Epic's similar fight against Apple, which Epic lost. Unlike the trial against Google, that case was not decided by a jury, with judge Yvonne Gonzalez Rogers deeming that Epic had "failed in its burden to demonstrate Apple is an illegal monopolist." Epic continue to appeal that outcome.

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Graham Smith

Deputy Editorial Director

Rock Paper Shotgun's former editor-in-chief and current corporate dad. Also, he continues to write evening news posts for some reason.

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