On the Greg and Dan Show: Ambrose McCall Discusses Epic Games’ Major Antitrust Win Against Google and its Google Play Store Practices

Hinshaw partner Ambrose McCall recently joined the Greg and Dan Show on 1470 WMBD to discuss the significance of an antitrust case brought by Epic Games against Google. A unanimous jury recently found that Google’s Google Play app store and billing service are an illegal monopoly.

Google collects a commission ranging from 15 to 30 percent on transactions completed within apps. Epic sued Google in 2020 for removing Fortnite from the Google Play Store after Epic allowed players to bypass Google's in-app purchase system. Apple had previously largely won a similar case against Epic in 2021. Google has vowed to appeal.

McCall explained that the jury was presented with evidence that Google had deleted internal messages related to the case after the company received instructions to preserve those messages. The jury also heard evidence that Google had sought to purchase Epic as a way to block the company from seeking relief from Google's Play Store commission. The prior Apple case did not involve similar evidence of bad faith intent.

According to McCall, the judge in the Google case must now determine a suitable remedy.* He also noted that U.S. litigation over the issue may soon be rendered moot by action that the European Union is taking regarding regulating digital app stores.

Listen to the full segment.

“Epic Games Secures Victory Over Google in Huge Antitrust Battle” was aired by the Greg and Dan Show on December 15, 2023.

*Since this program aired, it has been reported that Google has settled an antitrust case with U.S. states and consumers for $700 million. The company also agreed to revamp its Play app store.