Google Faces Unanimous Defeat in Epic Games' Antitrust Lawsuit: Implications and Repercussions 13-Dec-2023

In a significant legal blow to tech giant Google, a San Francisco jury delivered a unanimous verdict in favor of videogame maker Epic Games, ruling that Google had engaged in antitrust practices through its app store. The case, which dates back to 2020, saw Epic Games accusing Google of exploiting its dominant position to extract excessive profits from app developers. This verdict sheds light on the growing scrutiny and legal challenges faced by major tech companies over their market practices.

The Allegations and Epic Games' Case:

Epic Games' lawsuit against Google focused on the latter's monopoly in the market for apps on mobile devices using the Android software. Central to the case were the fees imposed by Google on developers using its Play Store. Gary Bornstein, a lawyer representing Epic, emphasized the limited options for smartphone makers, stating, "If you are a smartphone maker, if you want an operating system, your only choice is Google." This assertion highlighted the substantial power wielded by Google in the mobile device ecosystem.


Google's Market Dominance and Antitrust Practices:

The crux of Epic's argument was the alleged abuse of Google's dominant position. With Android being the primary operating system for a vast majority of smartphones, Google's control over the app distribution channel is unparalleled. The Play Store's influence extends beyond a simple revenue stream, as it is a linchpin in a comprehensive suite of services licensed to Android device manufacturers, contributing significantly to promoting Google's flagship search engine.

Deleted Chat Logs and Judicial Direction:

During the trial, it emerged that Google had deleted some employee chat logs that could have contained pertinent information for the case. The judge instructed the jury to assume that the deleted information would not have favored Google. This revelation further raised questions about transparency and accountability, adding an extra layer of skepticism regarding Google's conduct throughout the legal proceedings.

Comparison with Apple's Lawsuit:

Epic Games had previously filed a similar antitrust lawsuit against Apple, albeit with differing outcomes. While Epic did not prevail on all claims against Apple, it did succeed in convincing the judge that the iPhone maker should ease restrictions on payments through its app store. The contrasting results between the Google and Apple cases underscore the nuanced and evolving nature of antitrust litigation within the tech industry.

Settlements and Prior Legal Battles:

Before the Epic Games verdict, Google had already settled with Match Group, the owner of the Tinder dating app, and a coalition of states that joined forces with Epic in suing the tech giant. These settlements underscore the increasing pressure on Google to address antitrust concerns and avoid protracted legal battles that could tarnish its public image.


Google's loss in the Epic Games antitrust case marks a pivotal moment in the ongoing battle between tech giants and regulators. The verdict not only exposes Google's vulnerabilities in its app store practices but also raises broader questions about the unchecked power held by major players in the tech industry. As legal scrutiny intensifies, the repercussions of this case may reverberate across the broader landscape of digital markets, shaping the future of antitrust regulation and corporate conduct in the technology sector.

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