Google has an ‘illegal monopoly’ with Play Store & billing, jury finds in Epic case

The Epic vs Google court battle has come to a verdict, with a jury unanimously voting in Epic’s favor, and declaring that Google has an “illegal monopoly” with the Play Store and Google Play billing.

Epic Games, in 2020, took Google and Apple to court to challenge the app store and billing rules that dominate Android and iOS. Epic’s case against Apple came to an end earlier this year with Apple ultimately winning the legal battle.

Apple’s case, notably, had no jury.

Google, however, has been declared to have an “illegal monopoly” through the Play Store and Play Billing by Judge James Donato and a jury.

As reported by The Verge, the jury voted that Google has a monopoly over Android app distribution and in-app billing, that Google has engaged in anticompetitive practices around its markets, and that Epic was injured by Google’s behavior. The case seems to have particularly come down to the multiple reveals throughout the case that Google’s practices and deals were deemed as anti-competitive.

While the verdict is in, the case isn’t over just yet. Judge James Donato still hasn’t announced what Epic has won or what changes Google will be required to make.

Epic, in a blog post, says that the verdict is “a win for all app developers.”

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 innovaion. 

Notably, Epic Games did not sue for financial damages, but CEO Tim Sweeney noted that not having to pay Google’s fee would have likely led to hundreds of millions or more in additional revenue. Previously, Epic said that, if it were to win the case, it would ask for “freedom” to use its own billing systems and for the same right for other developers, as well as an anti-circumvention provision “just to be sure Google can’t reintroduce the same problems through some alternative creative solution,” which Judge Donato confirmed wouldn’t be on the table.

We’ll learn more about damages in mid-January.

Google, in a statement to 9to5Google, confirmed that it plans to appeal the verdict.

We plan to challenge the verdict. Android and Google Play provide more choice and openness than any other major mobile platform. 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.

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