Google’s Long History of Antitrust Disputes: Epic Games Lawsuit Outcome

Key Takeaways

• Over the years, Google has been accused of various antitrust violations.
• In the latest case,  Epic Games has won a major legal victory in its long-running battle against restrictive app store policies
• Meanwhile, the U.S. Department of Justice is suing the company for engaging in anticompetitive conduct in the advertising technology market.

A year after a U.S. jury ruled that Google exercised monopoly control over Android app stores, Judge James Donato issued his final ruling in the case, ordering the firm to stop using policies that prevent developers from distributing apps and accepting payments outside of Google Play.

The ruling is the latest in a series of blows to Google’s technology dominance, which has seen courts and regulators act to open up its platforms and prohibit practices deemed anticompetitive.

Epic Wins Changes to Google Play Store Policies

While Google has said  it will appeal the latest ruling, the judge has ordered the company to make several key changes to its Play Store policies.

One of the biggest wins for app developers is the verdict that Google cannot prevent apps listed on Play Store from using alternative payment systems. 

Meanwhile, the judge also ruled Google cannot enforce policies that unfairly restrict access to alternative stores like the one operated by Epic. This includes the use of “scare screens” and security warnings that deter consumers from downloading apps from platforms other than Google’s Play Store.

Epic’s victory comes just a month after the Department of Justice (DoJ) and a coalition of states filed a lawsuit against Google that could be one of its most significant antitrust challenges ever.

Google’s AdTech Monopoly

The complaint accused Google of “engaging in a systematic campaign to seize control” of the digital advertising technology market.

As the DoJ has alleged :

“Over the past 15 years, Google has engaged in a course of anticompetitive and exclusionary conduct that consisted of neutralizing or eliminating AdTech competitors through acquisitions; wielding its dominance across digital advertising markets to force more publishers and advertisers to use its products; and thwarting the ability to use competing products.”

The case reflects similar antitrust complaints in Europe, where regulators have repeatedly reprimanded Google for abusing its market dominance.

European Union

No jurisdiction has been more forceful in penalizing Google than the European Union, where the firm has repeatedly been fined by the European Commission (EC) and national competition authorities for breaching EU antitrust laws.

The first notable action was the 2017 Google Shopping ruling, which marked the beginning of the European Commission’s antitrust crackdown

Then, in 2018, Google was fined €4.34 billion  for abusing its position as a gatekeeper within the Android operating system to stifle competition.

Finally, in 2019, the company was slapped with another €1.49 billion  penalty for anti-competitive practices in online advertising. However, that fine was overturned  on Wednesday, Sept. 18 after Google successfully appealed it.

The preliminary findings  of a second AdTech probe observed that “a behavioral remedy is likely to be ineffective to prevent the risk that Google continues such self-preferencing conducts or engages in new ones.” It therefore argued, “only the mandatory divestment by Google of part of its services would address its competition concerns.”

The commission’s findings, especially in the AdTech case, have paved the way for a wave of civil litigation across the bloc. For example, earlier this year, a coalition of European publishers filed a lawsuit seeking $2.3 billion in damages for revenue losses allegedly caused by Google’s AdTech dominance.

United Kingdom

In the U.K., the Competition and Markets Authority (CMA) has also focused on Google’s dominance in digital advertising.

Like its EU peers, the CMA has found that Google’s role as both a publisher and ad server has given it an unfair advantage over rivals, allowing it to “self-preference” its own services.

On Friday, the CMA issued a statement of objections  outlining its position that “Google disadvantages competitors and prevents them competing on a level playing field to provide publishers and advertisers with a better, more competitive service.”

For now, the authority hasn’t imposed any penalties. However, it suggested that a fine as well as legally binding directions could be on the way.

Rest of the World

Google has also faced antitrust scrutiny outside the U.S. and Europe in major markets such as India and Australia.

In 2022, the Competition Commission of India (CCI) fined Google $161.9 million for abusing its dominance in the Android ecosystem.

Meanwhile, as part of an ongoing investigation that resembles the US Search case, the Australian Competition and Consumer Commission has ordered  major mobile carriers to suspend agreements ensuring that Google is installed as the default smartphone search engine.

List of Google Antitrust Disputes

*Data compiled from publicly available sources.

About the Author

James Morales

Although his background is in crypto and FinTech news, these days, James likes to roam across CCN’s editorial breadth, focusing mostly on digital technology. Having always been fascinated by the latest innovations, he uses his platform as a journalist to explore how new technologies work, why they matter and how they might shape our future.

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