Fortnite developer Epic Games has filed a lawsuit against Google for alleged anti-competitive conduct and misuse of market power, after launching a similar claim against Apple in November.
The lawsuit, filed in the Federal Court on Wednesday, claims Google abuses its control over the Android operating system to reduce competition for app purchases on the Google Play store, in contravention of the Competition and Consumer Act.
The game maker said that Google makes it “egregiously difficult” for users to download apps directly onto Android devices, effectively forcing them to buy them over the Google Play store. App developers are allegedly forced to use Google’s in-app purchase system, which charges a “supra-competitive price” of 30 per cent commission payable to the tech giant for all apps purchased in the Google Play Store.
“The barriers Google places on Android OS are real. In the case of direct downloading, it makes the process so difficult and scary that it deters users from downloading apps from third party-websites even though it is a totally normal way for users to get apps on a desktop,” said Epic founder and CEO Tim Sweeney in a statement.
“We believe consumers have the right to install apps from sources of their choosing and developers have the right to compete in a fair marketplace.”
The claim follows Federal Court proceedings filed by Epic Games in November against Apple for allegedly abusing its market power. Epic has also launched lawsuits in the US District Court for the Northern District of California in August accusing Apple and Google of abusing their monopoly power after they pulled Fortnite from their respective stores.
The tech giants blocked Epic after the company introduced its own payments system to avoid the 30 per cent fee charged to certain developers for app purchases.
Epic said Wednesday Google posts security warnings to all users who try to download the apps directly rather through the Google Play Store.
“The warnings include statements that the app may harm their device and the security of their data. These warnings affect the willingness of consumers to download apps in this way and the technical barriers affect their ability to do so,” the app developer said in filed court documents.
Google’s conduct has allegedly resulted in “reduced innovation, lower quality apps, reduced consumer choice and higher prices for both developers and consumers.”
Epic said it is not seeking damages but simply “fair access and competition that will benefit consumers and developers.”
Similar proceedings are underway in the UK and there is an antitrust complaint against Apple in the European Union. Epic is participating in the Australian Competition and Consumer Commission’s review of mobile app marketplaces.
The case is scheduled for a first case management hearing on March 24 before Justice Nye Perram, who is also hearing Epic’s case against Apple.
Epic Games is represented by Clifford Chance.
The case is Epic Games Inc & Anor v Google LLC & Ors.
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