In a significant development within the Epic v. Google case, Judge James Donato articulated a clear vision for dismantling what has been deemed an illegal monopoly surrounding Alphabet Inc’s Google Play Store. This comes in the wake of a federal jury’s unanimous decision eight months prior, which found that Google’s Android app store operates as an illegal monopoly. During the final hearing on remedies, Judge Donato emphasized the need for change, as reported by The Verge.
Despite Google’s assertions that allowing rival app stores access to its platform would entail excessive effort and costs, Judge Donato dismissed these concerns with conviction. “We’re going to tear the barriers down, it’s just the way it’s going to happen,” he declared, underscoring a commitment to altering the current landscape shaped by monopolistic practices. He further noted, “The world that exists today is the product of monopolistic conduct. That world is changing.” A final ruling from Donato is anticipated in just over two weeks.
Remedies and Compliance
In the aftermath of Epic’s jury trial victory last December, the focus has shifted to determining appropriate remedies for the harm inflicted by Google’s monopolistic behavior. Epic has proposed that Google should be mandated to permit rival app stores to operate within its own Google Play Store, granting them access to all Google Play applications.
While both parties acknowledge the feasibility of opening the Play Store, they remain at odds regarding the timeline, associated costs, and whether Google should retain the authority to review every app from rival stores before their inclusion in Google Play.
Judge Donato has indicated plans to prohibit any discriminatory practices by Google towards competing app stores, including the use of human reviews. Additionally, he has suggested the establishment of a “technical compliance and monitoring committee” to oversee the technical aspects of this transition, with reports to be submitted to the court every 90 days.
Comparisons and Reflections
In a recent interview, Epic Games CEO Tim Sweeney drew a compelling comparison between his company’s legal encounters with both Google and Apple. He remarked, “I would say Apple was ice and Google was fire,” suggesting that while Apple’s “antitrust trickery” was largely contained within its operations, Google’s practices were more overt and expansive.
Sweeney also expressed that the trial had validated his long-held suspicions about Google’s internal operations. “It was really, really interesting to see that my understandings of what Google was doing behind the scenes were actually true,” he reflected.
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