In a decisive turn of events, Judge James Donato has made his intentions clear regarding the remedies for Google’s monopoly over its Android app store. Following a federal jury’s unanimous decision eight months ago declaring Google’s Android app store an illegal monopoly in the Epic v. Google case, Donato is set to deliver a ruling that could significantly reshape the digital marketplace.
Key Highlights from the Final Hearing– Google
During the final hearing on remedies, Judge Donato dismissed any notion that Google should avoid opening its app store to rival stores, despite the potential challenges or costs. His firm stance was evident when he declared, “We’re going to tear the barriers down, it’s just the way it’s going to happen. The world that exists today is the product of monopolistic conduct. That world is changing.”
Donato’s ruling, expected in just over two weeks, is anticipated to address the damage caused by Google’s monopolistic practices and enforce significant changes in the app store ecosystem.
Epic’s Demands and Google’s Defense
Epic Games, the plaintiff in the case, has proposed a sweeping remedy: force Google to allow rival stores to operate within the Google Play store and provide them access to every Google Play app. This would empower Android users to choose their preferred app store, whether it’s Google’s or a competitor’s.
In a surprising turn, both Epic and Google agreed that opening up the Play Store to rival stores is feasible. However, they clashed over the timeline, cost, and particularly the issue of app review. Google’s lead attorney, Glenn Pomerantz, argued against the idea of Google being compelled to host potentially harmful apps, like those from the American Nazi Party, within its Play Store.
Epic’s attorney, Gary Bornstein, countered by pointing out the risk of Google abusing its gatekeeping power if it were allowed to review every app on third-party stores.
Judge Donato’s Vision
Judge Donato made it clear that his ruling would prohibit any nondiscriminatory practices by Google against rival app stores, including the possibility of human review by Google. He emphasized that the remedy is not about micromanaging Google or imposing central planning but about fostering a competitive environment within the app store landscape.
To ensure compliance, Donato plans to establish a “technical compliance and monitoring committee” comprising representatives from both Epic and Google, as well as a mutually agreed-upon third party. This committee will be responsible for overseeing the technical aspects of the remedy and reporting back to the court every 90 days.
Donato’s parting words to Google were unequivocal: “When you have a mountain that’s built out of bad conduct, you have to move that mountain. That’s what’s going to happen.”
Implications for the Tech Industry
Judge Donato’s forthcoming ruling could mark a pivotal moment in the tech industry, potentially dismantling the barriers that have allowed Google to maintain its dominant position in the app store market. If Epic’s proposed remedies are enforced, the Android ecosystem could see a significant shift toward greater competition and user choice.
As the tech world awaits Donato’s final ruling, the case serves as a reminder of the ongoing battle between regulators and tech giants over market power and consumer rights.
