The Federal Trade Commission (FTC) has recently shown its support for Epic Games in their legal battle against Google. The FTC filed an amicus brief on behalf of Epic, outlining how a federal judge should consider potential remedies in a case where Google was found liable for illegal monopolization. This move by the FTC highlights the importance of fair competition in the digital marketplace and the need to address antitrust violations.
Epic Games proposed that the judge should require Google to allow for more competition in the distribution of apps on its Android mobile platform. This request came after a jury determined that Google had abused its power as a gatekeeper for apps on the platform. Epic is seeking measures such as allowing distribution by other third-party app stores, blocking Google’s dealmaking with device makers that prevent the preloading of other app stores, and stopping Google from barring apps from informing users of other purchasing options.
The FTC’s amicus brief encourages the court to order a remedy that not only stops the illegal conduct but also prevents its recurrence and restores competition in the marketplace. The brief argues for injunctive relief that looks towards the future and ensures that a monopolist does not continue to benefit from antitrust violations. This forward-looking approach is crucial in digital markets where network effects and data incumbency can give established platforms an unfair advantage.
The FTC’s support for Epic in this case comes at a time when Google recently won a victory in another antitrust lawsuit. A federal judge dismissed a lawsuit accusing Google of unlawfully dominating web search on smartphones, citing a lack of evidence showing harm from Google’s dominance. However, the judge allowed the plaintiffs to file an amended suit, pointing to a separate ruling that found Google had created an illegal monopoly over search engines.
These legal battles between tech giants like Google and companies like Epic Games highlight the complexities of competition in the digital age. The FTC’s involvement in supporting Epic’s case against Google underscores the importance of ensuring a level playing field in the marketplace and preventing anticompetitive behavior. As these cases continue to unfold, the outcomes will have far-reaching implications for the future of competition in the digital ecosystem.