By Mike Scarcella and Greg Bensinger
(Reuters) – Alphabet’s Google on Monday tried to persuade a federal jury in San Francisco to reject antitrust claims by “Fortnite” maker Epic Games in a case that threatens Google’s app store and transaction fees imposed on Android app developers.
Lawyers for the two companies made their final arguments after more than a month of trial in Epic’s lawsuit, which accuses Google of unlawfully scheming to make its Play store dominant over rival app stores.
The lawsuit, filed in 2020, also challenges the fee of up to 30% that Google imposes on developers for in-app sales.
“The trial has shown a very bright light on what Google has done to impair the competition,” a lawyer for Epic, Gary Bornstein, told jurors.
Google “systematically blocks” alternative app stores on the company’s Play store, Bornstein said. Cary, North Carolina-based Epic owns the popular Fortnite multiplayer shooter game.
Google has denied wrongdoing, arguing that it competes “intensely on price, quality, and security” against Apple’s App Store.
A lawyer for Google, Jonathan Kravis, told jurors that “Google does not want to lose 60 million Android users to Apple every year.” Google lowered its fee structure to compete with Apple, Kravis said.
“This is not the behavior of a monopolist,” he said.
Epic is seeking a court order to halt Google’s alleged monopoly over Android app distribution and in-app billing. Google has countersued for damages against Epic for allegedly violating the company’s developer agreement.
Google settled related claims from dating app maker Match before the trial started. The tech giant also settled related antitrust claims by U.S. states and consumers under terms that have not been made public.
Epic lodged a similar antitrust case against Apple in 2020, but a U.S. judge largely ruled in favor of Apple in September 2021.
Epic has asked the U.S. Supreme Court to revive key claims in the Apple case, and Apple is fighting part of a ruling for Epic that would require changes to App Store rules.
