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Google Violated Antitrust Laws In App Store Case Involving ‘Fortnite’ Publisher & Others, Jury Finds – Update

UPDATED, 5:30 PM: After a three-year legal battle, a California jury today found that Google violated antitrust laws when it removed Fortnite maker Epic Games and other publishers from its app store. The jurors in San Francisco found in favor of Epic on all of the 11 claims.

“Victory over Google!” Epic Games founder and CEO Tim Sweeney posted on X/Twitter. “After 4 weeks of detailed court testimony, the California jury found against the Google Play monopoly on all counts. … Thanks for everyone’s support and faith! Free Fortnite!”

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Judge James Donato of U.S. District Court in Northern California will consider remedies in the case in January, Sweeney added.

Read details about the case below.

PREVIOUS UPDATE, AUGUST 13, 2020: Google and Apple have barred Epic Games from its app stores. As of late Thursday, neither was allowing the publisher’s uber-popular Fortnite game to be downloaded and installs on devices through their outlets. Epic first sued Apple then Google.

“Epic enabled a feature in its app which was not reviewed or approved by Apple, and they did so with the express intent of violating the App Store guidelines,” Apple said in a statement provided to Deadline. “We will make every effort to work with Epic to resolve these violations so they can return Fortnite to the App Store.”

RELATED: ‘Fortnite’ Refund Notifications Being Sent To Eligible Players For Federal Trade Commission Settlement

In a lawsuit filed in U.S. District Court for the Northern District of California (read it here), Epic blasted what it called “a series of anti-competitive restraints and monopolistic practices.” The company also taunted Apple by posting a parody of the tech giant’s legendary “1984” ad on social media (watch it below).

At issue is the 30% of revenue that Apple and Google take from all downloads on their app stores. Epic integrated a feature that enabled users to pay directly through its apps in an end run. Apple’s services division, which includes the App Store, posted record revenue of $13.2 billion in the quarter ending June 30, though app makers have long resented the fee. Antitrust complaints have been made and regulators in many parts of the world have investigated Apple’s handling of the store.

“The anti-competitive consequences of Apple’s conduct are pervasive,” the complaint charges. “Mobile computing devices (like smartphones and tablets)—and the apps that run on those devices—have become an integral part of people’s daily lives; as a primary source for news, a place for entertainment, a tool for business, a means to connect with friends and family, and more. For many consumers, mobile devices are their primary computers to stay connected to the digital world, as they may not even own a personal computer. When these devices are unfairly restricted and extortionately ‘taxed’ by Apple, the consumers who rely on these mobile devices to stay connected in the digital age are directly harmed.”

Apple’s statement noted that Epic has had its apps in the App Store for a decade, arguing it played a key role in Epic’s rise as a company. “The fact that their business interests now lead them to push for a special arrangement does not change the fact that these guidelines create a level playing field for all developers and make the store safe for all users,” the company said. “We will make every effort to work with Epic to resolve these violations so they can return Fortnite to the App Store.”

Here’s the Epic Games parody of Apple’s “1984” ad:

Erik Pedersen contributed to this report.

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