Epic Games has filed a lawsuit against Google over suspected anti-trust violations, just hours after they were seen Fortnite fell out of both the Google Play Store and the iOS App Store and filed a similar lawsuit against Apple. Epic’s complaint alleges that Google’s play restrictions on the Play Store constitute a monopoly, and thus a violation of both the Sherman Act and the Cartwright Act of California.
Epic’s hit game Fortnite was removed from the Google Play Store earlier today.
Where Apple’s complaint opened with a description of the company’s iconic 1984 ad, Epic’s complaint against Google focused on that company’s infamous “Don’t Be Evil” mantra. “Twenty years later, Google has shifted its motto to almost an afterthought,” the complaint claims, “and used its size to harm competitors, innovators, customers, and users in many markets that it has grown to monopolize.”
Outside of the colorful opening, the two primary charges are identical to Epic’s case against Apple: monopoly control over the distribution of software to phones, and monopoly control over payment systems within that software. In the case of Google, Epic is specifically concerned about the powerful role of the Google Play Store as a distributor of Android apps, and the Play Store requirement that hosted apps use Play Store billing for every in-app purchase.
That case is more difficult to level against Google, which controls Android software less strictly than Apple does for iOS. Android has long allowed for the installation of third-party app stores, including Epic’s own Epic Games App. Apps can also be page loaded via direct links, without the involvement of an app store.
For years, Fortnite for Android was primarily available through this type of page loading. The app finally hit the Google Play Store in April, overcoming years of concerns about the Play Store policy to take 30 percent of all in-app purchases. “After 18 months of surgery Fortnite on Android outside the Google Play Store, we’ve come to a basic realization, “the company said at the time,” Google is putting software that can be accessed outside of Google Play. “
Thursday’s lawsuit makes a similar case, claiming that Google has established the Play Store as the only viable distribution method for Android apps. “Despite its promises to keep Android devices open to competition, Google has created contractual and technological barriers that block competing ways of distributing apps to Android users, making the Google Play Store responsible for almost all downloads of apps from app stores on Android devices. ”
Reached for comment Google claims that Fortnite was removed from the Play Store for violating clear and pre-established rules. “For game developers who choose to use the Play Store, we have consistent policies that are fair to developers and keep the store safe for users,” said a representative. “While Fortnite continues to be available on Android, we can no longer make it available on Play because it violates our policies. However, we welcome the opportunity to continue and bring our conversations with Epic Fortnite back to Google Play. ”
Update August 13, 9:51 pm ET: Updated with Google statement.
