Epic’s Remedy Following Google Case Jury Verdict

After a jury determined that Google’s anticompetitive Google Play Store practices are illegal, the Court requested that Epic submit a proposed injunction detailing the changes Google should make based on the jury’s verdict. The full proposed injunction can be found here and supporting statements from economic experts can be found here and here.

The principles underlying Epic's proposed injunction are:

Google must allow consumers to download apps from wherever they choose without interference, whether it’s from the Google Play Store, a third party app store, another app or the web. Under Epic’s proposed injunction, Google can’t use scare screens and dire warnings that deter consumers from downloading apps from the internet to their phones. Consumers should be able to directly download apps on their mobile devices just like they can on their computer. Google would also be blocked from coercing carriers and phone manufacturers to limit the ways consumers can download apps. This includes a prohibition on app store pre-installation restrictions and on forcing new scare screens and other obstacles on downloads from outside the Google Play Store. 

Google must allow consumers and developers to choose how they make and offer in-app purchases, free from anticompetitive fees and restrictions. Under Epic’s proposed injunction, Google must allow developers to offer the payment option of their choice without imposing anticompetitive fees. Google must also allow developers to communicate directly with their consumers, including linking from their app to a website to make purchases and get deals.  Google would be blocked from using sham compliance programs like User Choice Billing to prevent competing payment options inside an app or on a developer’s website.

Google cannot retaliate against Epic for challenging Google’s app store practices. Under Epic’s proposed injunction, Epic will be able to bring the Epic Games Store to Android devices, without delays and barriers.

Google has a history of malicious compliance and has attempted to circumvent legislation and regulation meant to reign in their anti-competitive control over Android devices. Our proposed injunction seeks to block Google from repeating past bad-faith tactics and open up Android devices to competition and choice for all developers and consumers.