Epic asked U.S. District Judge James Donato in San Francisco to order Google to let Android developers offer users more payment options without interference from the tech giant. Epic also wants to be allowed to bring competing app stores — including its Epic Games Store — to Android "without delays and barriers."
Epic last year persuaded a jury that Google unlawfully stifled competition through restrictions on Android device app downloads and payments to developers for in-app transactions.
The Cary, North Carolina-based company did not seek monetary damages but instead asked for a court order that could force Google to stop some practices and implement others.
Google has called Epic’s proposed reforms “harmful and unwarranted” and urged Donato to reject them.
Donato on Thursday heard testimony from experts on both sides about the proposed changes and Google's opposition to them.
"This case is about the opportunity to compete generally. I am not looking for relief that is going to give a helping hand just to Epic," Donato said. "What we are doing is leveling the playing field and lifting the barriers."
He said he thought some of Epic's proposal was "open-ended and too vague." Donato also said that Google "as an illegal monopolist will have to pay some penalty."
Donato at times questioned the scope of Google’s challenge to Epic’s proposals. He said Google had tried to show “a terrifying world of chaos” if there is greater competition in the app store market.
“I just don’t buy it,” Donato said. He added: “We are going to be walking on new terrain for a while. That's just the consequence of breaking the antitrust laws — we have to do things in a different way.”
Google argued that a sweeping injunction is unnecessary, after the company agreed in a separate case to make some changes to its Play store and pay $700 million in a settlement with states and consumers.
Donato, who is overseeing both cases, has questioned the fairness of that accord and is weighing whether to approve it. He did not rule on Thursday on Epic's proposed injunction and said he wanted to hear more about some of the technology issues that could be implicated in his court ruling.
Donato said he would hold closing arguments at a later date, possibly in August. He said he wanted to get out his ruling "promptly."
Epic brought a similar antitrust case against Apple in 2020, accusing the iPhone maker of overly restricting app distribution and in-app payments.
Apple, which denied the claims, was back in California federal court on Wednesday in that case, hoping to persuade a judge that it has complied with an order to allow greater competition.
The case is Epic Games Inc. v. Google LLC et al, U.S. District Court, Northern District of California, No. 3:20-cv-05671-JD.
For Epic: Gary Bornstein of Cravath, Swaine & Moore
For Google: Glenn Pomerantz of Munger, Tolles & Olson
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