Epic Games, the creator of the video game “Fortnite,” has requested a federal judge in California to require Google to open up its Play Store to greater competition. A jury had previously found that Google had abused its power as a gatekeeper for apps on the Android mobile platform. In a court filing on Thursday, Epic proposed that the Google Play Store be required to allow the distribution of competing third-party app stores for six years and also limit the company’s ability to make agreements with device makers to restrict preloading of competing app stores.
The jury had previously found that Google unlawfully impeded developers’ ability to distribute their apps outside of Google’s Play Store and kept an overly tight grip on payments for transactions within apps. Epic’s proposed injunction also said that Google should be barred from restricting “the ways an app can inform users about out-of-app purchasing options.” Although Donato is not bound to grant Epic’s proposal, the filing sets up the next key test of Google’s ability to impose controls on app developers and consumers. Google and Epic have yet to comment on the new development.
Google has defended its app store practices and denied any wrongdoing, but in December, the company agreed to pay $700 million to resolve state and consumer allegations over its Play Store restrictions. The company has until May 3 to respond to Epic’s proposal. Epic Games is a privately held company based in North Carolina, with China’s Tencent owning a 40% stake and Walt Disney owning a stake of about 9% as of February. Google can appeal the December antitrust jury verdict and can separately challenge any reforms ordered by Donato.
Epic Games had also lodged a similar case against Apple in 2020, challenging its grip on its App Store. The case is still being fought after a non-jury trial and appeals.