Epic, Developers Amend Google Play Store Complaint Antitrust MDL

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By letter dated July 2, Epic Games Inc. and other complainants in Regarding Google Play Developer Antitrust Litigation notified the court dealing with the case against Google LLC and its affiliates of their intention to file revised complaints based on the evidence obtained during the discovery. In the multidistrict litigation, which includes a set of cases brought by Epic, developers and consumers, an omnibus motion to dismiss the hearing is scheduled for July 22 before Judge James Donato in San Francisco, California.

In the lawsuit filed last August, Epic alleged that Google monopolizes the market for distributing mobile applications to Android users and the payment processing market that accompanies it. In addition, Epic argued, Google charges supercompetitive commissions for games from third-party developers, such as Epic’s hugely popular game. Fortnite. The case was filed alongside another against Apple Inc., similarly challenging the allegedly exorbitant commissions charged for the privilege of selling games on the Apple App Store. The high-profile trial ended at the end of May.

The result of this week’s filing is that Epic and developer complainants will be filing amended complaints by July 21. 29.

In light of Epic’s amendment, developer plaintiffs have also decided to refresh their complaint, the record explained. In contrast, consumer claimants are prepared to make oral arguments on their complaint, “because they believe their current claims are sufficient to overcome the pending dismissal motion,” the letter said.

Epic is represented by Faegre Drinker Biddle & Reath LLP and Cravath, Swaine & Moore LLP, the same companies that represent it in its antitrust case against Apple.

Bartlit Beck LLP and Kaplan Fox & Kilsheimer LLP are lead co-counsel for the proposed group in Regarding Google Play Consumer Antitrust Litigation.

Hagens Berman Sobol Shapiro LLP and Hausfeld LLP are lead co-counsel of the proposed group in Regarding Google Play Developer Antitrust Litigation and the lawyers of Peekya App Services Inc.

Google is represented by Morgan, Lewis & Bockius LLP and O’Melveny Myers LLP.


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