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The technical school giant ’s surprising andswift defeatwas a historic ruling , especially since Epic Gameslargely lost a similar antitrust casewith Apple , which had not been tried by panel . In the Epic - Apple lawsuit , the court decide Apple was not a monopolist , but did agree that developers should be able to steer their customers to alternative means to pay up via the web . The case was appealed up to the Supreme Court , which decline to pick up it , allowing the lower motor inn ’s ruling to stand .
While the panel in Google ’s lawsuit was convinced that the technical school monster leveraged its market power in illegal ways , it did n’t get to adjudicate the next steps — that ’s up to the jurist . The new filing , along with Epic ’s proposal , will help to inform Judge James Donato in a audition schedule on May 23 about what actions to take next to put Google ’s power in check .
Epic Games in April haddetailedits demands in a proposed injunction , found here . At a high level , Epic desire Google to allow exploiter to download apps from any app store or the web , depending on their preference . It does n’t want Google to be able-bodied to immobilize or coerce OEMs or mail carrier to favour Google Play . And it does n’t want Google to be capable to impose extra fees for routing around the Play Store , which Epic Games believe is also an anticompetitive practice .
The Fortnite manufacturer to boot ask the court to enforce other modification , including giving Epic memory access to the Play Store catalog so it can perform users ’ app updates , without warning screens or extra fee . Plus , Epic want developers to be able to say its users how to pay for their apps and service elsewhere , and how much they could spare by doing so . It need to eliminate the requirement to use Google ’s “ User Choice Billing , ” which offers only a small deduction to developers who process defrayment transactions themselves , and much more .
Google , of course , disagrees about how the court should proceed .
In a statement , Google Vice President of Government Affairs & Public Policy Wilson White referred to Epic ’s requirement as overreaching and unneeded .
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“ Epic ’s need would harm the privacy , security , and overall experience of consumers , developers , and twist manufacturers , ” he suppose . “ Not only does their proposal go far beyond the scope of the recent U.S. trial finding of fact — which we will be challenge — it ’s also unnecessary due to the settlement we reach last class with province attorney general from every state and multiple territories . We will preserve to vigorously represent our right to a sustainable business modelling that enable us to keep people safe , partner with developers to innovate and grow their businesses , and hold a thriving Android ecosystem for everyone . ”
In the cease and desist order charge Thursday in a U.S. District Court in California , Google argues that Epic ’s demands put user ’ security and privacy at risk as it would remove its ability to implement trust and refuge beat about the utilization of the third - party app computer storage . ( Apple has used a similar strategy to fight down against regulation around unfold up its App Store to rivalry , too , order it ’s creditworthy for substance abuser ’ privacy and security . )
Plus , Google says that it would be postulate to tell all third - company app stores , without user consent , which apps a substance abuser has instal . This would expose personal apps ’ usage , include around sensitive areas like religion , government or wellness , without rules about how that information could be used .
The fellowship also said that Epic is asking it to slay safeguards around sideloading apps .
And in case those arguments fail , in another tactic , Google points out that the remedies Epic project are not needed because it already settled with state attorneys general to no longer sign widely - ranging exclusivity agreement with developer . Epic ’s marriage proposal would to boot preclude Google from working with developer to provide exclusive substance through Play Store apps , which it says is an important opportunity for developers .
ultimately , the Department of State AG colonisation would allow any app store to compete for location on Android devices , Google said , but Epic ’s proposal would cut back it out of that process , reducing competition . Without Google Byzantine , rival app stores would underbid , impacting OEM margins , it enunciate .
The judge ’s coming decision over the remedy in this slip will be an interesting one to watch as it will define the microscope stage for how app stores deemed monopolist will have to make concessions to reserve more competition . Though Epic lost its engagement with Apple , the Justice Department ’s instance against the iPhone maker is still underway as is its suit with Google over its allege search monopoly . The result of these type will determine to what extent tech giant ’ tycoon will continue to stay unchecked , cave in the glaring want of lawmaking in the U.S. to reign in the tech monopoly .
