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Match may havesettled its antitrust suit with Googlelast week , but Fortnite maker Epic Games is still set to go to trial with the technical school goliath today , November 6 , in hope of convince a jury that Google engages in anticompetitive demeanour with attentiveness to its Android app store , Google Play , and its committee structure . This example will disagree slightly from Epic ’s battle with Apple on the same subject because , this time , Epic ca n’t allege there ’s no other way to load apps onto Android devices , as it could with Apple , because Android does allow for sideloading apps . Though Epic will suggest Google makes that process cumbersome , the bulk of its arguments will center on around what it believes are anticompetitive agreements between Google and twist manufacturers and developers .
The case law Epic ’s cause will rely on is a Microsoft case where courts observe Microsoft to have a monopoly over the operating system and were abusing it , making it operose for exploiter to download alternate browsers , like Netscape , on Windows devices .
To make its case , Epic plans to institute claims under Sections 1 and 2 of U.S. antimonopoly natural law , the Sherman Act , as well as California ’s anticompetitive Torah , theCartwright Act , and theUnfair Competition Law . It will attempt to argue that Google restrains contender within two disjoined markets , including the distribution of apps to Android users and the grocery store for payment processing solutions for contentedness inside Android apps .
Google argues its commissions aren’t just tied to billing, but offers discount for third-party billing options
Today , Google requires apps to habituate its own first - party billing system , and charges app developers a 15 % to 30 % charge on the sale it processes .
However , Google will anticipate Epic ’s disputation by pointing out that it has rolled out a new option for app developers called User Choice Billing , which Epic has slump to use . This broadcast , still in pilot testing , is candid to all developers who deal apps in the 35 marketswhere it ’s now useable , including the U.S. , and reduces the stock commissionby 4%for companies who choose to use their own payment processing resolution . Spotify and Bumble were the initial examiner for the new organization , firstintroduced in November 2022 , and Match , as part of its colonisation agreement , will also now take vantage of this pick .
Google will also argue that its commissions are n’t just tied to payment processing , but rather help it to develop other feature film and controls to keep Android users safe and take them to discovering raw applications programme , as well as help fund the tools and services developers call for to build and grow their apps . Google also aid developers reach a wide hearing beyond the nomadic phone , with support for Android across political platform , ranging from tablets to TVs to automobile and more . And it will note that 99 % of its developer qualify for a commission of 15 % or less , base on their gross .
The competitive landscape with other app stores, OEMs
The technical school behemoth to boot plans to push back at Epic ’s claims that it does n’t have competition in the app store clientele . It will manoeuver out that not only does the Play Store vie with Apple ’s App Store , whichthe Ninth Circuit ruling in the Apple caseagreed upon , too , but Android also corroborate militant app stores like Samsung ’s Galaxy Store and Amazon ’s Appstore .
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Epic , however , will attempt to demonstrate that Google makes it hard for alternative app stores to succeed and reach consumers , noting that 90 % of apps are still downloaded through Google Play . And it will indicate out that Google bundle the Play Store with other Google apps that Android OEMs ( original equipment manufacturers ) have to match to to apply Android .
Epic will also bestow up “ Anti - Fragmentation agreement ” ( AFAs ) that prevent the OEMs from modifying Android to allow for frictionless downloading of apps out of doors of Google Play . Epic Games will specifically cite one agreement it had made with the OEM OnePlus , to make Epic games usable on its devices through the Epic Games app . But OnePlus had to cancel the pile over business organization that the arrangement would have it bypassing the Google Play Store . The case will also examine a business deal between Google and Samsung that Epic says was designed to preclude the Galaxy Store from being a competitive threat and ask Google Play Billing on apps distributed by Samsung .
Epic will argue Google’s developer agreements are anti-competitive
A second set of accord Epic will highlight are those between Google and Android app developers themselves . One such programme , the “ Project Hug ” opening , a part of the Google Games Velocity Program , will be cited as an instance of where Google yield competitor not to distribute their apps on Android out of doors of the Play Store by point those that were most at peril of attrition from manoeuvre , then approach them with a monetary offer . As an model , Epic will point to Activision Blizzard , the possessor of King.com and maker of Candy Crush and Call of Duty , as one developer that wanted to go the route of spread out its own app store . Google and Activision Blizzard then entered into a three - class correspondence in January 2020 , worth approximately $ 360 million , to keep the developer on Google Play , Epic will argue .
Google , however , will characterise this course of study as a way of life to incentivize developer to launch their apps on Android at the same time as they establish on iOS and be after to dispute Epic ’s claims that it prevented developers from afford their own app storage .
Android allows sideloading
Google will make preeminence that , unlike Apple , it also allows apps to be sideloaded on Android gadget — somethingEpic take reward of today . It will note this operation is streamlined and help keep users safe . But Epic will arrogate that this cognitive process is made to be overly difficult for ending exploiter , with multiple stairs involved and “ scare screens ” that discourage user of the security jeopardy involve with sideloading .
Epic will also suggest that Google obscure items from discovery by allow White House and employees to have “ off the disc ” Old World chat , but Google will counter this as well , order it has provided the lawcourt with 1000 of chat log and meg of documents .
The technical school giant will finally push the whimsey that this case is n’t about competition , but about money — that is , Epic Games want to arrive at the Play Store ’s 2.5 billion substance abuser without cause to pay .
“ Android ’s pick and flexibleness work well for consumer and developers of all sizing . We look forth to making our case in Margaret Court as we crusade to keep our users safe from harm , collaborator with developers to develop their line of work , and keep the Android ecosystem thriving and levelheaded for everyone , ” readsa Google blog postby Wilson White , VP , Government Affairs & Public Policy .
Epic ’s causa originally involved Match and several U.S. attorneys worldwide , but Googlereached a settlement with the latter last monthand with Match last calendar week . Epic will now fight the antimonopoly fight on its own . The lawsuit , held in the U.S. District Court in California ’s Northern District , will let in testimonial from a figure of Google and Android execs , including CEO Sundar Pichai , and Epic Games CEO Tim Sweeney , as well as Apple , Netflix and other Android developers .
Google is alsoinvolved in another antimonopoly lawsuitwith the Department of Justice over its alleged search monopoly . Epic , meanwhile , fall back its antitrust conflict with Apple and isnow take the Supreme Court to weigh in .
Google and Match Group reach settlement in app store antitrust case
Epic asks the Supreme Court to weigh in on its gripe with Apple
