Google App Store Ruled an Illegal Monopoly

In what CNN Business calls a "landmark verdict," the jury in Epic's antitrust lawsuit has ruled that Google's mobile phone app store is an illegal monopoly. Google says it plans to appeal. The article has reactions from analysts on the implications: "The app stores are cracking open, walls between social media platforms are coming down as the old networks fail, the headlong rush to AI is making all the search engines worse, and the open web is more powerful than ever," tech entrepreneur Anil Dash wrote on Threads. "We are about to see the biggest reshuffling of power on the internet in 20 years. Most users have never seen this kind of change." Tim Sweeney xeets his pleasure at the news, sharing the court papers with the ruling. In a response in another xeet he says "On to Cupertino," indicating his hopes to ultimately prevail in Epic's similar case against Apple, again centered on platform holders' right to collect commissions. Here's word on next steps:
With Monday’s verdict, a separate process in the case is expected to begin in the new year regarding possible remedies targeting Google’s app store, and could seek to change how Google collects its fees from developers or make it easier for Android devices to host third-party app stores.

For now, the outcome of the high-profile court battle stands in contrast to a similar case Epic has pursued against Apple over its app store. After being largely defeated on its most central allegations in the lower courts, Epic has appealed its case against Apple to the US Supreme Court.
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Re: Google Loses Epic Antirust Case
Dec 12, 2023, 14:22
Brym
 
19.
Re: Google Loses Epic Antirust Case Dec 12, 2023, 14:22
Dec 12, 2023, 14:22
 Brym
 
My two cents as a lawyer who isn't overly familiar with the facts of this case and the Apple case, but who has dealt with antitrust issues in his legal practice from time to time (including evaluating whether aspects of Google's Android agreements constitute illegal restraints of trade - the issue didn't end up going anywhere in our case for other reasons, but I did look at the facts and law relating to those agreements - albeit something like 8 years ago, so my memory is fuzzy):

My recollection from years ago is that Google has various agreements with device manufacturers and app developers that strong-arm them into using the Play Store, promoting it as the default, and discourage the use of other app stores. U.S. antitrust law finds violations more easily when there are multiple parties colluding in a way that hurts competition, so the result here isn't totally surprising to me. I believe Apple got away with it in its case with Epic in part because Apple controls the whole system, so there wasn't that same evidence of collusion. Apple is able to lock things down all by itself. That's a bit of a perverse result -- Google is found to have violated the law because they are *more* open than Apple is, and therefore have to work with others to get people to choose the Play Store. And I personally think it shouldn't be that way. But I could write a book about how antitrust law is too permissive in this country...

I saw some chatter down below about the jury's verdict purportedly being wrong because Epic breached its contract. That's a red herring. I was involved with another case where my client absolutely breached its contract, but we won the case because the contract was an illegal restraint of trade by a monopolist. That's the whole point of the case. If a contract is illegal, then you can't be penalized for breaching it.
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