Dozens of state attorney generals are considering opening a third antitrust complaint against Google early next year, two people close to the investigation said on Monday – this time through their app store.
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Because of the alternatives, the way Google handles its Play Store is often seen as less of a problem for antitrust purposes than Apple’s strong control over its App Store.
Two coalitions of states filed antitrust complaints against Google last week: one led by Texas, focused on controlling the technology giant over the advertising technology market, and a second, led by Colorado and Nebraska, aimed at its power in searches online. The second group is still investigating complaints related to Google’s control over its Android Play Store and may file a lawsuit in January, people said.
The multi-state group focused on Google’s search considered including Play Store claims in that lawsuit, but opted against it for fear of complicating the search case, people said, speaking anonymously to discuss an ongoing investigation.
The states leading the effort include Utah, New York, Tennessee and North Carolina, a group of two Republicans and two Democrats.
Bloomberg first reported the news of a possible Play Store lawsuit on Friday.
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Google’s control over its Play Store has drawn some criticism and private antitrust lawsuits, particularly one brought by North Carolina-based Fortnite-based Epic Games. The Google Play Store comes pre-installed on almost all Android devices, but the company allows users to download additional app stores, such as those offered by Amazon or Samsung. Users of most devices can also directly install applications downloaded from the Internet, commonly called “sideloading”.
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Sameer Samat, vice president of Google for Android and Google Play, said that most Android devices have two app stores pre-installed and users can easily add others.
“Each store can decide its own business model and characteristics for the consumer,” Samat said in a statement. “This openness means that even if a developer and Google do not agree on the business terms, the developer can still distribute on the Android platform.”
Because of the alternatives, the way Google handles its Play Store is often seen as less of a problem for antitrust purposes than Apple’s strong control over its App Store, the only means allowed for iPhone and iPad users to purchase and install apps .
In August, Epic filed two antitrust lawsuits against Apple and Google over restrictions on the app store. Other developers and consumers have also filed suit. These cases are still pending in the California federal court.
Both Apple and Google charge a 30 percent commission for any application downloads or purchases made within applications, a fee that developers say is very high. In the past, Google was negligent in requiring developers to comply with its in-app purchase policy, but in September the company said it would begin enforcing its rules more vigorously in 2021.
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