Epic Games v. Google

Background

Google operates the Google Play Store for Android devices and customarily took a 30% share of revenue from all sales made through the store, including in-app purchases. This 30% revenue share had become common practice among digital storefronts by 2019. Epic released Fortnite Battle Royale for computers and consoles in 2017 as a free-to-play title supported by microtransactions. When Fortnite was brought to mobile devices in 2018, Epic initially released the game through sideloading to avoid Google's charges, but this led to clones, some malicious, appearing in the Google Play Store.

Epic discontinued the sideloaded version in favor of a legitimate Google Play version in 2020. Tim Sweeney, CEO of Epic Games, had been outspoken about Google's 30% fee. Epic launched its own Epic Games Store in 2018 using a 12% revenue share. In 2020, Epic initiated "Project Liberty" to challenge the 30% revenue fees.

Both the Android and iOS versions of Fortnite were updated with code allowing players to buy V-bucks directly from Epic, violating store terms, and Fortnite was removed from those storefronts that same day. Epic filed lawsuits against both Google and Apple in the United States District Court for the Northern District of California.

District Court ruling

Filed concurrently with Epic Games v. Apple, Epic challenged Google's monopolistic practices in its Google Play Store. The jury trial was held at the District Court for the Northern District of California in late 2023 with District Court Judge James Donato presiding. Epic showed numerous deals Google made with partners to maintain the Play Store's strength, including "Project Hug," an effort with twenty mobile publishers involving hundreds of millions of dollars, and "Project Banyan," a deal with Samsung Electronics to weaken competition from the Galaxy Store.

Epic demonstrated that Google saw Epic as a disrupting influence that might cost $2 billion a year in revenue, and Google allegedly looked into acquiring a controlling portion of Epic. Epic also discovered sweetheart deals with apps like Spotify and Netflix to reduce fees, and that Google had deleted relevant chat messages, undercutting its credibility. The jury issued its verdict on December 11, ruling on all eleven counts in favor of Epic. The jury affirmed that Google engaged in anti-competitive practices with the Play Store and its billing system, maintained its monopoly through partner deals, and strengthened its position by requiring the Play Store on third-party Android hardware. Determination of relief was scheduled for January 2024.

Appeals Court ruling

Google took its fight against the court's orders to the Ninth Circuit, asking for an emergency pause. That pause was granted just long enough for Google to prepare its appeal, but during that time, the company could not pay Android phone makers to keep rival app stores off their devices. Google then tried the U.S. Supreme Court, which refused to hear the case, so the original orders stayed in place. Epic immediately said it would bring Fortnite and its own store to Google Play in the U.S. By November 2025, the two sides had a proposed settlement: Google would cut its cut on purchases to between 9 and 20 percent, and let apps like the Epic Games Store become approved app stores on Android everywhere.

Judge Donato worried this deal wouldn't really change the anti-competitive behavior the jury had found. In March 2026, a final agreement set Epic's fees at 20 percent or less, depending on the situation. Ars Technica called the old flat 30 percent share dead. Google let Fortnite back onto the Play Store worldwide by March 19, 2026. The first outside app store, Aptoide, got approval and launched by August 2026.