Epic Games, the maker of the popular game ‘Fortnite’, launches a battle against Google in federal court today in a closely watched antitrust showdown that could reshape how smartphone users get Android apps and pay for in-app content.
Epic’s lawsuit in the US District Court for the Northern District of California targets the Google Play Store, focusing on Google’s fees for in-app subscriptions and one-time transactions, among other terms that app developers like Epic say have helped Google maintain an illegal monopoly on app distribution.
The legal battle follows years of debate over whether app store operators such as Google and Apple are fostering an open, competitive app ecosystem. The two companies argue that their app stores help unlock billions in revenue for small businesses, while ensuring that Android and iOS users benefit from the security oversight provided by the technology giants.
The jury could hear from high-profile witnesses from both sides, including Google CEO Sundar Pichai and Epic CEO Tim Sweeney.
The legal battle dates back to 2020, when Epic launched Project Liberty, a plan to circumvent Apple and Google’s app store terms. Epic’s move forced a confrontation with the tech giants.
Epic updated the Fortnite app to encourage players to pay for in-app content directly through Epic’s own website, rather than through Apple and Google’s in-app payment systems. This move triggered a violation of the app stores’ developer terms.
The move also prompted both app stores to remove the Fortnite app from their platforms. This meant that Apple users could no longer play Fortnite on iOS devices. Epic’s case against Apple could soon be reviewed by the Supreme Court. Fortnite is still available on Android devices through a number of non-Google channels.
Meanwhile, Sweeney has alleged that Google “controls, monitors and taxes transactions between users and developers” in violation of US antitrust law.
Google has argued that Epic simply wants access to the Play Store’s 2.5 billion users worldwide without having to pay to support the platform, and that a victory for Epic could harm Google’s ability to offer a competitive Android alternative to Apple’s iOS.
“The key for us is to show the jury that Android has created more choice, flexibility and openness than any other platform, and that Epic has actually taken advantage of that level of choice and flexibility,” said Wilson White, Google’s vice president of public policy and government affairs. “As a result, these unnecessary claims they’ve brought should fail.”
The lawsuit against Google originally included a wide range of plaintiffs, including dozens of state attorneys general and individual consumers, as well as Match Group, the online dating giant that owns apps such as Tinder, Hinge and Match. But Google successfully narrowed the list of opponents it would face at trial by reaching several settlements that removed other plaintiffs from the case.
Epic will now face Google alone in court.
