Epic v. Google: everything we learned in Fortnite court

3 weeks ago 6

The future of Google’s app store is at stake in a lawsuit by Fortnite publisher Epic Games. Epic sued Google in 2020 after a fight over in-app purchase fees, claiming the Android operating system’s Google Play store constituted an unlawful monopoly. It wanted Google to make using third-party app stores, sideloaded apps, and non-Google payment processors easier — while Google said its demands would damage Android’s ability to offer a secure user experience and compete with Apple’s iOS.

On December 11th 2023, the jury ruled in Epic’s favor, finding that Google has turned its Google Play app store and Google Play Billing service into an illegal monopoly, answering yes to every question in front of them about Google’s monopoly power, anticompetitive behavior, and the illegal ties between the different parts of its business. Here’s a rough summary of why the jury might have decided that way.

In October 2024, the judge issued his final, potentially monumental decision — cracking the Google Play Store open to rival stores for three years, among many other things. We’re now waiting to see if Google manages to appeal, and stay, the permanent injunction.

Wondering why Google lost when Apple won? Here’s an attempt to answer that question.

Follow along with all of our updates below.

Google wants to block Epic’s requested changes while it appeals antitrust verdict.
Following a final ruling that says Google will have to open up the Play Store to third-party marketplaces, Google reaffirmed its plans to appeal the decision.
At the same time, Google is also asking the court to pause Epic Games’ requests to distribute rival app stores and adjust its payment system. Apple was granted a reprieve during its Epic legal battle last year.
“Google did not request that Samsung create their Auto Blocker feature.”
That’s according to Google’s head of Android security, David Kleidermacher, who is publicly pushing back on the claims made by Epic Games in its new lawsuit against Google and Samsung.
Earlier, Samsung said it plans to “vigorously contest Epic Game’s baseless claims.”

Screenshot: @daveksecure (X)
Samsung won’t confirm or deny whether it worked with Google on Auto Blocker — or whether it actually scans for threats.
Google, too, wouldn’t confirm or deny whether it worked with Samsung on the feature, which is now the target of a new Epic Games lawsuit against both companies.
Instead, Google tells The Verge that it’s “a meritless lawsuit”; Samsung tells us it plans to “vigorously contest Epic Game’s baseless claims.”
Tim Sweeney says his Epic lawsuits are all about freeing the youth:
We want our kids to grow up in a world that’s better than this one. I grew up in an awesome world for developers and opportunity, the early days of Apple II computers and PCs, and anybody growing up, coming of age in this industry right now, is best case going to be an Apple and Google serf. That has to change. That must change.
Not surprising to hear the man behind “Nineteen Eighty-Fortnite” say this, but it really does encapsulate his war with the tech industry. More on the latest lawsuit here.
Epic is suing Google — again — and now Samsung, too
Photo illustration by Cath Virginia / The Verge | Photo by Philip Pacheco, Getty Images
Four years after Epic sued Google for running an illegal app store monopoly — a case it won this past December — Epic is suing again. The Fortnite game developer has filed a second antitrust lawsuit against Google, and now additionally Samsung, accusing them of illegally conspiring to undermine third-party app stores.
The lawsuit revolves around Samsung’s “Auto Blocker” feature, which now comes turned-on-by-default on new Samsung phones. While it’s turned on, it automatically keeps users from installing apps unless they come from “authorized sources” — namely, Google and Samsung’s app stores. Epic claims there’s no process for any rival store to become “authorized.”
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Here’s how much Google says it’d cost to fulfill Epic’s biggest demands
Illustration by Cath Virginia / The Verge
How much would it cost Google to let third-party app stores like the Epic Games Store live inside its own Google Play Store, with access to every Android app? Google says the reputational damage can’t be calculated — but that it’d take 12 to 18 months and upwards of $60 million to build and maintain the technical underpinnings.
We’re still waiting to find out what Epic actually won in its surprise victory against Google last December, after a jury decided the Google Play app store and Google Play Billing are illegal monopolies — but we know what Epic wants. The Fortnite developer’s biggest ask was arguably for Google to open up its own Android app store, forcing Google to carry other competing app stores inside its walls.
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Google issues response to Epic wishlist.
It’s exactly what you’d expect after the Fortnite maker said it was entitled to everything and a bag of chips due to its antitrust victory in federal court. Google wants Judge James Donato to think different:
“Epic’s demands would harm the privacy, security, and overall experience of consumers, developers, and device manufacturers. Not only does their proposal go far beyond the scope of the recent U.S. trial verdict – which we will be challenging – it’s also unnecessary due to the settlement we reached last year with State Attorneys General from every state and multiple territories.”
We’ll find out exactly how Android and the Google Play Store will change in a hearing that begins on May 23rd.
Here’s 16 pages of what Epic wants after winning its Google app store lawsuit
Photo illustration by Cath Virginia / The Verge | Photo by Philip Pacheco, Getty Images
Do you think a judge will make Google allow an Android version of the Epic Games Store to live inside its own Google Play Store, let the Epic Games Store have access to every app inside Google Play, and let Android users begin sideloading apps with a single tap? Because Epic’s asking for those and a whole lot more in the aftermath of Epic v. Google.
On December 11th, Epic won a surprise victory against Google in federal court. A jury unanimously decided that Google had turned its Google Play app store and Google Play Billing service into an illegal monopoly. But what did Epic win? That’s yet to be decided by Judge James Donato, and today, we’re finally learning precisely what Epic believes it should get.
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The Epic question: how Google lost when Apple won
Image: Epic Games
Apple rules the iPhone’s App Store with an iron fist — sideloading outside it is not allowed. Google lets anyone install any app on an Android phone. But guess which one of these two companies has an illegal monopoly, according to the courts?
As you probably already know, Google is the one that lost its fight against Epic Games this week. It’s a fight that Apple previously (mostly) won in a similar trial in 2021, beating claims that it had violated antitrust laws by charging mandatory in-app transaction fees and kicking Epic’s game Fortnite off the App Store. Google tried a similar move, but in its case, a jury found it had maintained an unlawful monopoly with the Play store; a judge is scheduled to consider remedies next month.
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Epic juror confirms Google’s deleted chats were a factor in the verdict.
Xu Yuan, a friendly courtroom reporter for MLex that I sat with regularly during the trial, managed to obtain an interview with one of the Epic v. Google jurors — who confirmed that Google’s deleted chats affected their decision.
That same juror found Tim Sweeney “very honest” and more credible than Google’s CEO.
And here is Epic’s celebratory blog post after the Epic v. Google ruling.
In case you’re wondering why Tim Sweeney was thanking jurors on behalf of 1 million developers... it’s part of this blog post, too.
Epic win: Jury decides Google has illegal monopoly in app store fight
Illustration by Cath Virginia / The Verge
Three years after Fortnite-maker Epic Games sued Apple and Google for allegedly running illegal app store monopolies, Epic has a win. The jury in Epic v. Google has just delivered its verdict — and it found that Google turned its Google Play app store and Google Play Billing service into an illegal monopoly.
After just a few hours of deliberation, the jury unanimously answered yes to every question put before them — that Google has monopoly power in the Android app distribution markets and in-app billing services markets, that Google did anticompetitive things in those markets, and that Epic was injured by that behavior. They decided Google has an illegal tie between its Google Play app store and its Google Play Billing payment services, too, and that its distribution agreement, Project Hug deals with game developers, and deals with OEMs were all anticompetitive.
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Google will appeal the Epic v. Google verdict.
We plan to challenge the verdict. Android and Google Play provide more choice and openness than any other major mobile platform. The trial made clear that we compete fiercely with Apple and its App Store, as well as app stores on Android devices and gaming consoles. We will continue to defend the Android business model and remain deeply committed to our users, partners, and the broader Android ecosystem. - Wilson White, VP, Government Affairs & Public Policy
That's not surprising: a jury gave Epic a total victory today.
Here is Tim Sweeney’s victory tweet following the Epic v. Google verdict:
“Victory over Google! After 4 weeks of detailed court testimony, the California jury found against the Google Play monopoly on all counts. The Court’s work on remedies will start in January. Thanks for everyone’s support and faith! Free Fortnite!”
In the hallway, Epic's attorneys are taking photos with the jurors.
The jury is all smiles. "The one million game developers who couldn't be here thank you," says Sweeney, as they head into the elevator and down out of the courthouse.
Epic CEO Tim Sweeney has a huge smile on his face and is shaking hands.
He thanked Google’s lead attorney Glenn Pomerantz “for being very professional” and clapped Epic’s lead attorney Gary Bornstein on the back.
Attorneys for both sides will meet with the judge in the second week of January to discuss next steps.
We have a verdict in Epic v. Google.
Stand by... attorneys and journalists have filed back into the courtroom. We’re waiting for the judge and jury now.
We’re done with closing arguments in Epic v. Google.
Bornstein asked the jury to carefully read the jury instructions because Google apparently cherry-picked a sentence to point out to them earlier. He also asked them to consider whether Google tried to nip competition in the bud before it could ever emerge.
The jury filed out, the judge thanked both parties for preparing the case well and arguing it efficiently... and now, we’re done until there’s a verdict! It sounds like the jury will eat lunch before beginning deliberations, so I should have time to grab some food as well.
Epic: “I agree with Google, we need to look at the real world.”
Epic is getting eight minutes of rebuttal to Google’s closing argument, and lead attorney Gary Bornstein is using part of it to argue this: we should look at the internal documents in this case to see what’s actually going on.
“What did they say in their documents? That tells you what they believed in the real world.”
He begins by showing one of the emails Google showed us about reacting to an Apple change in price — and that Google chose not to follow that price change at the time.
“They chose not to change their price despite believing that Apple was changing theirs,” he says, and “during that time not a single developer pulled out of the Play Store to focus on iOS.”