Google asks judge to overturn Epic Games antitrust verdict

Google has asked a U.S. judge to throw out a jury verdict for “Fortnite” maker Epic Games that found the tech giant abused its market dominance

Epic sued Google in 2020 over fees it charges on transactions within apps and its curbs on how apps are distributed [File] | Photo Credit: REUTERS

Alphabet’s Google has asked a U.S. judge to throw out a jury verdict for “Fortnite” maker Epic Games that found the tech giant abused its market dominance in setting rules for its app store Play.

Google in a court filing on Thursday night asked U.S. District Judge James Donato in San Francisco to grant a new trial or issue judgment in its favor in the antitrust lawsuit.

The filing said Epic had not presented adequate evidence to support the jury’s December verdict that Google’s control over its Play store was anticompetitive. Google said it competes fiercely with Apple over mobile apps and that Epic should not have been allowed to argue otherwise.

Epic sued Google in 2020 over fees it charges on transactions within apps and its curbs on how apps are distributed. It sought changes to the Play store but not monetary damages.

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Epic is expected to seek an order from Donato requiring specific changes to revamp Play in accord with the verdict.

A spokesperson for Cary, North Carolina-based Epic did not immediately respond to a request for comment.

If Donato rejects the bid for a new trial, Google can still challenge the December verdict in the 9th U.S. Circuit Court of Appeals. The company has already said it would appeal.

Google in the run-up to trial in Epic’s case settled related claims from consumers and states for $700 million and agreed to allow for greater competition.

Epic also previously sued Apple over its App Store’s rules. Apple largely prevailed in that case in 2021, but it was forced to make some changes to its store.

Epic said in a January filing that Apple had not fully complied and that it would again ask a court to intervene.

Google in its filing said it should have been allowed to reference the outcome of Epic's lawsuit against Apple.