Epic Games Wins Against Google? Case Explained

Yes, Epic Games won its antitrust lawsuit against Google. In December 2023, a federal jury found that Google’s app store practices violated antitrust law, and in October 2024, a judge ordered Google to open its Android app store to competitors. This article explains the background, the verdict, the remedies, and what it means for developers and users.

Background: Epic vs. Google vs. Apple

The fight began in August 2020 when Epic Games, the maker of Fortnite, introduced its own in-app payment system to both Google Play and Apple’s App Store, bypassing the 30% commission both companies charged. Both Google and Apple removed Fortnite from their stores. Epic then sued both companies, alleging anticompetitive behavior.

The cases diverged sharply. In September 2021, a federal judge in the Apple case ruled largely in Apple’s favor, finding that Apple did not hold a monopoly in the relevant market. The judge did, however, order Apple to allow external payment links. In contrast, the Google case went to a jury trial in late 2023, and the outcome was very different.

The Jury Verdict: What Did the Jury Find?

On December 11, 2023, a jury in the U.S. District Court for the Northern District of California delivered a unanimous verdict against Google. The jury found that Google violated Section 2 of the Sherman Antitrust Act by unlawfully maintaining a monopoly in the Android app distribution market and the in-app billing market. It also found that Google engaged in anticompetitive practices, including:

• Paying game developers to launch their games on Google Play first, discouraging them from using other stores.
• Offering revenue-sharing deals to device manufacturers to prevent them from pre-installing rival app stores.
• Making it difficult for users to install apps from outside Google Play by showing scary security warnings.
• Signing deals with other app stores (like Samsung’s Galaxy Store) that limited their ability to compete.

The jury rejected Google’s argument that it competes with Apple for the broader smartphone app market. The judge later denied Google’s motion for a new trial, setting the stage for a remedies phase.

The Judge’s Ruling: What Google Must Do

In October 2024, Judge James Donato issued a permanent injunction requiring Google to change its practices. The key requirements include:

• Google must allow third-party app stores to be distributed through Google Play and must not block their installation.
• Google must allow developers to offer alternative in-app payment systems and must not prohibit developers from telling users about cheaper options outside the app.
• Google must not make exclusive deals with developers or device makers that require them to launch only on Google Play.
• Google must make its app catalog available to third-party stores, meaning those stores can index and offer the same apps.
• Google must not require apps to use Google Play Billing for in-app purchases.

The injunction was set to take effect on November 1, 2024, but Google appealed and requested a stay. The Ninth Circuit Court of Appeals granted a temporary stay, allowing Google to continue its practices while the appeal is pending. As of early 2025, the case is still on appeal.

Why Did Epic Win Against Google but Lose Against Apple?

Many people wonder why the outcomes were so different. The key differences lie in the market definitions and the evidence presented.

• Market definition: In the Apple case, the judge defined the market as “digital mobile gaming transactions” and found that Apple did not have monopoly power because it faced competition from Google and others. In the Google case, the jury defined the market as “Android app distribution” and “in-app billing services” on Android, where Google clearly had a near-100% share.
• Evidence of anticompetitive conduct: The Google trial revealed extensive internal emails and documents showing that Google executives were aware of the competitive threat from other app stores and took steps to suppress them. One notable email from 2019 said, “We should be worried about the potential for other app stores to gain traction.” This evidence was more damaging than what was presented in the Apple case.
• Jury vs. judge: The Apple case was decided by a judge, while the Google case went to a jury. Juries may be more sympathetic to the underdog narrative and less swayed by complex economic arguments.

What Does This Mean for Developers and Consumers?

The ruling, if it stands, could significantly change the Android app ecosystem. For developers, it means they could potentially avoid Google’s 15-30% commission by using their own payment systems or by distributing through other stores. This could increase their profit margins and allow them to offer lower prices to consumers.

For consumers, the changes could mean more choice in app stores and payment methods. However, there are also concerns about security and user experience. Google has argued that third-party stores and direct downloads could increase the risk of malware and that its policies provide a consistent, safe experience. The company has also said that the ruling could force it to charge developers for access to its APIs or to change its business model.

Common Misconceptions About the Case

Several misconceptions circulate about the Epic v. Google case. One is that Epic won “everything” and that Google is now forced to allow Fortnite back on the Play Store. While the injunction would allow Epic to distribute Fortnite with its own payment system, the case is still on appeal, and Google has not yet complied. Another misconception is that the ruling applies to Apple. It does not; the Apple case was decided separately and largely in Apple’s favor. Finally, some believe that the verdict means Google Play is now “open” and anyone can create a store. The injunction does require Google to allow third-party stores, but the specifics are still being litigated.

Frequently Asked Questions

Did Epic actually win the lawsuit against Google?

Yes, Epic won the jury verdict and the judge’s injunction, but Google has appealed. The final outcome is still pending, so the case is not fully concluded.

Why did Epic lose against Apple but win against Google?

Because the courts defined the markets differently. In the Apple case, the judge found no monopoly in the broader market. In the Google case, the jury found that Google had a monopoly in the Android app distribution market and used anticompetitive tactics to maintain it.

Will the Google Play Store commission go down?

Not automatically. The injunction would allow developers to use alternative payment systems, which could pressure Google to lower its commission, but Google has not announced any change. The appeal process may delay any practical impact.

Can I now install Fortnite from the Epic Games Store on Android?

Not yet. The injunction has been stayed pending appeal, so Google is not currently required to allow the Epic Games Store on Google Play. Epic can still distribute Fortnite directly from its website, but that has always been possible.

Does this ruling affect Apple’s App Store?

No, this ruling only applies to Google. Apple won its own case against Epic, although it was required to allow external payment links, which it has since implemented (with a 27% commission).

What happens next in the case?

Google is appealing the verdict and the injunction to the Ninth Circuit. The appeals court will hear arguments and decide whether to uphold, modify, or overturn the ruling. This could take months or even years.

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