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Google loses in court against Epic Games
by Samuel Buchmann
Google has bought a monopoly with money and must therefore open the Play Store. This is the judgement in a court case in the USA.
Epic Games, the company behind "Fortnite", has already sued Google in 2020. The accusation is that the company has a monopoly on Android with the Play Store and has bought this with cash payments, among other things. Alternative app stores would not stand a chance and would have to comply with Google's conditions, for example with regard to payment methods. According to the judgement that has now been handed down, Google must open the Play Store for three years from November and is not allowed to consolidate its position through monetary payments. However, an appeal has already been announced.
In contrast to iOS, it has long been possible to use alternative app stores on Android. Until now, however, you have had to install them manually by sideloading. According to the judgement, this should change and Google must display them in the Play Store. Users should then be able to install them from there.
In addition, the app stores of Epic, Samsung and whoever else should be given access to the full Play Store catalogue. This should prevent Google from protecting its monopoly through exclusive contracts and the like.
Google is also prohibited from authorising "Google Play Billing" as the only payment method. App developers may refer to other payment options and downloads outside the Play Store and set their own prices. Until now, they have been bound to the price levels specified by Google.
In addition, Google is not allowed to offer money or other benefits to app developers who publish their apps exclusively or first in the Play Store. The same applies if apps are not offered in competing app stores. Google is also prohibited from using money or other advantages to persuade device manufacturers or mobile phone providers to install the Play Store on devices and not to install alternative app stores.
The judgement by Judge James Donato only applies to the USA, however. The reactions of Google and Epic Games also suggest that - regardless of the outcome of the appeal - the changes to the Play Store will only apply in the United States. The actual trial against Google ended in December 2023 with a guilty verdict. The judgement came a year later.
Although many questions remain unanswered - especially regarding technological details or the security of the apps on sale - and the appeal is still pending, Tim Sweeney is confident. The CEO of Epic Games posted on X that there will no longer be a "30% app tax" in the USA from 2025. He is alluding to the percentage that Google withholds from every payment in the Play Store.
Google, meanwhile, worries in a statement about "unintended consequences that harm American consumers, developers and device manufacturers". The company also refers to the tough competition with Apple for customers and app developers. Furthermore, Google is open and the Play Store is not the only way to obtain apps.
However, this ignores the fact that the judgement states, among other things, that even Amazon has not managed to establish a successful app store beyond the Play Store. Epic Games' lawsuit was also primarily about Google's monopoly within Android and not about all smartphones.
In contrast, Epic Games failed in a lawsuit against Apple in 2021. At the time, the iPhone manufacturer was ruled not to have a monopoly by a very narrow margin.
As a primary school pupil, I used to sit in a friend's living room with many of my classmates to play the Super NES. Now I get my hands on the latest technology and test it for you. In recent years at Curved, Computer Bild and Netzwelt, now at Digitec and Galaxus.