In a significant development in the ongoing battle against Big Tech monopolies, a U.S. judge signaled his intention to issue a ruling that could reshape how Alphabet’s Google operates its Android app store. U.S. District Judge James Donato, presiding over the high-profile antitrust case brought by “Fortnite” creator Epic Games, indicated on Wednesday that he plans to force Google to offer Android users more freedom in how they download apps—an action that could have far-reaching implications for the tech giant.
The case, which has captured global attention, stems from Epic Games’ accusations that Google has unlawfully monopolized the distribution of apps on Android devices, as well as the processing of in-app payments. Following a jury verdict last year that sided with Epic, Judge Donato is now considering how best to address the antitrust violations while avoiding undue interference in Google’s business operations.
During a hearing in San Francisco, Judge Donato expressed frustration with Google’s objections to some of Epic’s proposed reforms, particularly regarding the potential costs and technical challenges involved. Despite Google’s protests, Donato made it clear that his forthcoming ruling will prioritize the rights of users and developers to access and distribute apps outside of Google’s Play Store.
“You’re going to end up paying something to make the world right after having been found to be a monopolist,” Judge Donato stated bluntly during the proceedings. He emphasized that the ruling, expected to be concise but impactful, will establish clear “rules of the road” for Google to follow in the future.
As part of his anticipated order, Donato is also considering the creation of a three-person compliance and technical committee. This body would be tasked with ensuring that Google adheres to the new guidelines and facilitates competition in the Android ecosystem.
“Google foreclosed competition for years and years and years. We’re opening the gate now and letting competitors come in,” Donato asserted, underscoring the gravity of the situation.
Both Google and Epic Games declined to comment on the hearing. However, the stakes are high for both companies. Epic’s lawsuit, launched by the Cary, North Carolina-based gaming giant, demands that Google make it easier for Android users to download apps from third-party app stores, such as Epic’s own store, and from other internet sources. Epic also seeks to prevent Google from automatically installing its Play Store on Android devices—a practice that the company argues stifles competition.
Google, on the other hand, has consistently denied that it has harmed competition. During the hearing, Google’s attorney, Glenn Pomerantz, argued that implementing Epic’s proposals would make it nearly impossible for Google to compete effectively and could jeopardize consumer privacy and security. Pomerantz warned that forcing Google to distribute its rivals’ app stores would, in fact, worsen competition, not improve it. “Competition will be worse if you impose a duty that you have to deal with your competitor,” he stated.
Epic’s lawyer, Gary Bornstein, countered by urging the court to act swiftly in implementing the injunction, emphasizing the need for immediate changes to restore competition in the Android app marketplace.
This case is just one of several legal challenges Google is facing over its business practices. In a separate, highly-publicized lawsuit, the U.S. Justice Department has accused Google of illegally monopolizing web search, with U.S. District Judge Amit Mehta recently ruling against the company. This ruling sets the stage for potential remedies that could further disrupt Google’s operations, with a hearing scheduled for September 6 to discuss next steps.
As Judge Donato prepares to issue his ruling in the coming weeks, the tech world is watching closely. The outcome could have lasting consequences not just for Google, but for the entire landscape of digital competition and consumer choice.
