The future of Google’s app store is at stake in a lawsuit by Fortnite publisher Epic Games. Epic sued Google in 2020 after a fight over in-app purchase fees, claiming the Android operating system’s Google Play store constituted an unlawful monopoly. It wanted Google to make using third-party app stores, sideloaded apps, and non-Google payment processors easier — while Google said its demands would damage Android’s ability to offer a secure user experience and compete with Apple’s iOS.
On December 11th 2023, the jury ruled in Epic’s favor, finding that Google has turned its Google Play app store and Google Play Billing service into an illegal monopoly, answering yes to every question in front of them about Google’s monopoly power, anticompetitive behavior, and the illegal ties between the different parts of its business. Here’s a rough summary of why the jury might have decided that way.
In October 2024, the judge issued his final, potentially monumental decision — cracking the Google Play Store open to rival stores for three years, among many other things. We’re now waiting to see if Google manages to appeal, and stay, the permanent injunction.
Wondering why Google lost when Apple won? Here’s an attempt to answer that question.
Follow along with all of our updates below.
Highlights
- Google must crack open Android for third-party stores, rules Epic judge
- Epic win: Jury decides Google has illegal monopoly in app store fight
- A fortnight in Fortnite court
- Federal judge vows to investigate Google for intentionally destroying chats
- Activision Blizzard had a plan — or ploy — to launch its own Android game store
Oct 15
On Friday, we’ll hear whether Google can delay cracking open Android.Last week, Judge Donato ruled that Google would have to open up Android to third-party app stores starting November 1st — but Google immediately filed an appeal and asked for an emergency stay.
Now, the judge will hear Google’s motion on October 18th. If he grants it, it could be years until Google makes changes, even if higher courts agree with his ruling.
Oct 11
Google appeals judge’s decision forcing app store competition on Android
Today, Google filed its official notice of appeal against the district court ruling and jury verdict in Epic v. Google. Judge James Donato’s ruling earlier this week would force the company to distribute third-party app stores on Google Play and drop requirements that Google Play apps use its billing system, among other competition-friendly changes.
Read Article >Google had said it would be appealing the verdict. “As we have already stated, these changes would put consumers’ privacy and security at risk, make it harder for developers to promote their apps, and reduce competition on devices,” Google VP of regulatory affairs Lee-Anne Mulholland said in a blog post on Monday. “Ultimately, while these changes presumably satisfy Epic, they will cause a range of unintended consequences that will harm American consumers, developers and device makers.”
Oct 7
Google wants to block Epic’s requested changes while it appeals antitrust verdict.Following a final ruling that says Google will have to open up the Play Store to third-party marketplaces, Google reaffirmed its plans to appeal the decision.
At the same time, Google is also asking the court to pause Epic Games’ requests to distribute rival app stores and adjust its payment system. Apple was granted a reprieve during its Epic legal battle last year.
Oct 7
Google must crack open Android for third-party stores, rules Epic judge
Google’s Android app store is an illegal monopoly — and now it will have to change.
Read Article >Today, Judge James Donato issued his final ruling in Epic v. Google, ordering Google to effectively open up the Google Play app store to competition for three whole years. Google will have to distribute rival third-party app stores within Google Play, and it must give rival third-party app stores access to the full catalog of Google Play apps, unless developers opt out individually.
Oct 1
“Google did not request that Samsung create their Auto Blocker feature.”That’s according to Google’s head of Android security, David Kleidermacher, who is publicly pushing back on the claims made by Epic Games in its new lawsuit against Google and Samsung.
Earlier, Samsung said it plans to “vigorously contest Epic Game’s baseless claims.”
Sep 30
Samsung won’t confirm or deny whether it worked with Google on Auto Blocker — or whether it actually scans for threats.Google, too, wouldn’t confirm or deny whether it worked with Samsung on the feature, which is now the target of a new Epic Games lawsuit against both companies.
Instead, Google tells The Verge that it’s “a meritless lawsuit”; Samsung tells us it plans to “vigorously contest Epic Game’s baseless claims.”
Sep 30
Tim Sweeney says his Epic lawsuits are all about freeing the youth:We want our kids to grow up in a world that’s better than this one. I grew up in an awesome world for developers and opportunity, the early days of Apple II computers and PCs, and anybody growing up, coming of age in this industry right now, is best case going to be an Apple and Google serf. That has to change. That must change.
Not surprising to hear the man behind “Nineteen Eighty-Fortnite” say this, but it really does encapsulate his war with the tech industry. More on the latest lawsuit here.
Sep 30
Epic is suing Google — again — and now Samsung, too
Four years after Epic sued Google for running an illegal app store monopoly — a case it won this past December — Epic is suing again. The Fortnite game developer has filed a second antitrust lawsuit against Google, and now additionally Samsung, accusing them of illegally conspiring to undermine third-party app stores.
Read Article >The lawsuit revolves around Samsung’s “Auto Blocker” feature, which now comes turned-on-by-default on new Samsung phones. While it’s turned on, it automatically keeps users from installing apps unless they come from “authorized sources” — namely, Google and Samsung’s app stores. Epic claims there’s no process for any rival store to become “authorized.”
Aug 14
Epic judge says he’ll ‘tear the barriers down’ on Google’s app store monopoly
Judge James Donato just made it crystal clear: Google will pay.
Read Article >Eight months after a federal jury unanimously decided that Google’s Android app store is an illegal monopoly in Epic v. Google, Donato held his final hearing on remedies today. While we don’t yet know what will happen, he repeatedly shut down any suggestion that Google shouldn’t have to open up its store to rival stores, that it’d be too much work or cost too much, or that the proposed remedies go too far.
Jun 25
Here’s how much Google says it’d cost to fulfill Epic’s biggest demands
How much would it cost Google to let third-party app stores like the Epic Games Store live inside its own Google Play Store, with access to every Android app? Google says the reputational damage can’t be calculated — but that it’d take 12 to 18 months and upwards of $60 million to build and maintain the technical underpinnings.
Read Article >We’re still waiting to find out what Epic actually won in its surprise victory against Google last December, after a jury decided the Google Play app store and Google Play Billing are illegal monopolies — but we know what Epic wants. The Fortnite developer’s biggest ask was arguably for Google to open up its own Android app store, forcing Google to carry other competing app stores inside its walls.
May 25
Judge orders Google to calculate the costs of Epic’s biggest Play Store demand
Despite Epic Games’ surprise win at trial, I was skeptical that Judge James Donato would seriously consider forcing Google to let the Epic Games Store live inside its own Google Play Store, and give it access to every app inside Google Play. Those were two of the biggest demands that Epic revealed in April.
Read Article >But Judge Donato is indeed considering them. He’s ordered Google to calculate the costs of complying with those demands by June 24th, one month from today:
May 24
Judge doesn’t buy Google’s ‘terrifying world of chaos’ argument in Epic case
After a jury declared the Play Store an illegal monopoly in the Epic v. Google lawsuit last year, both companies faced off in court again on Thursday to decide on the specific changes Google will have to make to rectify the issue, as reported by Reuters and Wired.
Read Article >Epic is hoping the court approves several remedies it had previously submitted, which Google claims are over the top and would “harm the privacy, security, and overall experience of consumers.” So all eyes are on Judge James Donato, who heard testimony on both sides and offered some hints as to how he’s leaning.
May 3
Google issues response to Epic wishlist.It’s exactly what you’d expect after the Fortnite maker said it was entitled to everything and a bag of chips due to its antitrust victory in federal court. Google wants Judge James Donato to think different:
“Epic’s demands would harm the privacy, security, and overall experience of consumers, developers, and device manufacturers. Not only does their proposal go far beyond the scope of the recent U.S. trial verdict – which we will be challenging – it’s also unnecessary due to the settlement we reached last year with State Attorneys General from every state and multiple territories.”
We’ll find out exactly how Android and the Google Play Store will change in a hearing that begins on May 23rd.
Dkt. 958 Google's Objections to Epic's Proposed Injunction[DocumentCloud]
Apr 12
Here’s 16 pages of what Epic wants after winning its Google app store lawsuit
Do you think a judge will make Google allow an Android version of the Epic Games Store to live inside its own Google Play Store, let the Epic Games Store have access to every app inside Google Play, and let Android users begin sideloading apps with a single tap? Because Epic’s asking for those and a whole lot more in the aftermath of Epic v. Google.
Read Article >On December 11th, Epic won a surprise victory against Google in federal court. A jury unanimously decided that Google had turned its Google Play app store and Google Play Billing service into an illegal monopoly. But what did Epic win? That’s yet to be decided by Judge James Donato, and today, we’re finally learning precisely what Epic believes it should get.
Dec 19, 2023
Google to pay $700 million and make tiny app store changes to settle with 50 states
On December 11th, a jury decided that Google has an illegal monopoly with its Google Play app store, handing Epic Games a win. But Epic wasn’t the only one fighting an antitrust case. All 50 state attorneys general settled a similar lawsuit in September, and we’ve just now learned what Google agreed to give up as a result: $700 million and a handful of minor concessions in the way that Google runs its store in the United States.
Read Article >The biggest change: Google will need to let developers steer consumers away from the Google Play Store for several years, if this settlement is approved.
Dec 16, 2023
The Epic question: how Google lost when Apple won
Apple rules the iPhone’s App Store with an iron fist — sideloading outside it is not allowed. Google lets anyone install any app on an Android phone. But guess which one of these two companies has an illegal monopoly, according to the courts?
Read Article >As you probably already know, Google is the one that lost its fight against Epic Games this week. It’s a fight that Apple previously (mostly) won in a similar trial in 2021, beating claims that it had violated antitrust laws by charging mandatory in-app transaction fees and kicking Epic’s game Fortnite off the App Store. Google tried a similar move, but in its case, a jury found it had maintained an unlawful monopoly with the Play store; a judge is scheduled to consider remedies next month.
Dec 13, 2023
Epic juror confirms Google’s deleted chats were a factor in the verdict.Xu Yuan, a friendly courtroom reporter for MLex that I sat with regularly during the trial, managed to obtain an interview with one of the Epic v. Google jurors — who confirmed that Google’s deleted chats affected their decision.
That same juror found Tim Sweeney “very honest” and more credible than Google’s CEO.
Dec 12, 2023
Epic CEO Tim Sweeney: the post-trial interview
Tim Sweeney finally has a win.
Read Article >On Monday, a federal jury surprised the world by siding with Fortnite maker Epic Games in its fight to break Google’s control over Android apps — even though “walled garden” rival Apple almost entirely won a similar case two years ago. The nine-person jury decided that Google has an illegal monopoly over Android app distribution and in-app payment systems, and that Google illegally tied its Google Play billing system to its app store.
Dec 12, 2023
And here is Epic’s celebratory blog post after the Epic v. Google ruling.In case you’re wondering why Tim Sweeney was thanking jurors on behalf of 1 million developers... it’s part of this blog post, too.
Dec 12, 2023
Epic win: Jury decides Google has illegal monopoly in app store fight
Three years after Fortnite-maker Epic Games sued Apple and Google for allegedly running illegal app store monopolies, Epic has a win. The jury in Epic v. Google has just delivered its verdict — and it found that Google turned its Google Play app store and Google Play Billing service into an illegal monopoly.
Read Article >After just a few hours of deliberation, the jury unanimously answered yes to every question put before them — that Google has monopoly power in the Android app distribution markets and in-app billing services markets, that Google did anticompetitive things in those markets, and that Epic was injured by that behavior. They decided Google has an illegal tie between its Google Play app store and its Google Play Billing payment services, too, and that its distribution agreement, Project Hug deals with game developers, and deals with OEMs were all anticompetitive.
Dec 12, 2023
Google will appeal the Epic v. Google 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. - Wilson White, VP, Government Affairs & Public Policy
That's not surprising: a jury gave Epic a total victory today.
Dec 12, 2023
Here is Tim Sweeney’s victory tweet following the Epic v. Google verdict:“Victory over Google! After 4 weeks of detailed court testimony, the California jury found against the Google Play monopoly on all counts. The Court’s work on remedies will start in January. Thanks for everyone’s support and faith! Free Fortnite!”
Dec 12, 2023
In the hallway, Epic's attorneys are taking photos with the jurors.The jury is all smiles. "The one million game developers who couldn't be here thank you," says Sweeney, as they head into the elevator and down out of the courthouse.
Dec 12, 2023
Epic CEO Tim Sweeney has a huge smile on his face and is shaking hands.He thanked Google’s lead attorney Glenn Pomerantz “for being very professional” and clapped Epic’s lead attorney Gary Bornstein on the back.
Attorneys for both sides will meet with the judge in the second week of January to discuss next steps.
Dec 12, 2023
We have a verdict in Epic v. Google.Stand by... attorneys and journalists have filed back into the courtroom. We’re waiting for the judge and jury now.