Fortnite creator Epic Games launches Australian legal action against Google | Google

Epic Games launched a new legal action against Google in Australia for alleged anti-competitive behavior after Fortnite was kicked out of the Google Play Store last year.

It is the second such lawsuit that Epic has taken in Australia after a similar lawsuit against Apple, launched in November last year.

Fortnite launched on the Apple App Store and Google Play Store in August last year, after Epic bypassed companies’ in-app payment methods in favor of their own cheaper direct billing that prevented Apple and Google from taking a stake. , usually around 30% of the purchase price.

Since then, the company has filed a lawsuit in the United States, the United Kingdom and Australia, and has filed an antitrust lawsuit against Apple in the EU.

In documents filed in federal court on Wednesday, Epic claims that Google has harmed app developers and consumers in Australia by restricting competition and innovation by preventing choice about app distribution and in-app payments on Android devices.

“Google’s conduct raises the price of apps and in-app content for millions of Android device users in Australia,” the document said.

Unlike Apple’s closed-garden iOS operating system, you can download apps for Android devices outside of the Google Play Store by visiting the app developer’s website. This means that it is still possible to download Fortnite on Android devices, but Epic said in the document that Google “imposes technical barriers” on direct download, including security warnings sent to users who attempt to do so.

Direct app downloads do not allow developers to send updates, the document noted.

Epic Games accused Google of misusing its market power and engaging in exclusive negotiations.

Epic founder and CEO Tim Sweeney said in a statement that Google “gave the illusion” of being open when arguing about the existence of alternative app stores and direct downloads on Android, but these alternative methods of downloading apps rarely were used.

“The barriers that Google places on the Android operating system are real. In the case of direct download, it makes the process so difficult and daunting that it prevents users from downloading applications from third-party websites, although it is a completely normal way for users to obtain applications on a desktop, ”he said.

“We believe that consumers have the right to install apps from sources of their choice and developers have the right to compete in a fair market.”

Google declined to comment.

In August, an Apple spokesman said Epic’s actions in trying to circumvent the in-app purchase system were expressly about violating the App Store guidelines designed to protect customers.

“His reckless behavior has turned customers into pawns, and we look forward to making that clear to the Australian courts,” she said.

An interlocutory hearing for Apple’s case is scheduled for March 23 and Google’s first case management hearing is scheduled for March 24.

Judge Nye Perram, who is overseeing the two cases, earlier this month set aside a notice to produce from Epic for Apple, seeking a wide variety of information about the Apple app store, including the number of Australian users, apps available and earned both in-store and through in-app purchases.

The US court case is set to continue in May.

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