FTC Offers Support to Epic Games in Battle With Google

The FTC has offered support to Epic Games in that company’s legal battle with Google.

The Federal Trade Commission (FTC) said Tuesday (Aug. 13) that it had filed an amicus brief on behalf of Epic in the case, outlining how a federal judge should consider potential remedies when determining relief following a ruling that found Google liable for illegal monopolization.

Epic in April proposed that a judge should require Google to allow for more competition in the distribution of apps on its Android mobile platform. This came after a jury determined in 2023 that Google had abused its power as a gatekeeper for apps for the platform.

Epic wants the judge to require the Google Play Store to allow distribution by other, third-party app stores for six years, to block Google’s dealmaking with device makers that prevents the preloading of other app stores and to stop Google from barring apps from informing users of other, out-of-app purchasing options.

“In its amicus brief, the FTC encourages the court to use its broad power to order a remedy that stops the illegal conduct, prevents its recurrence, and restores competition,” the commission said in a news release.

The brief also argues for injunctive relief that restores lost competition “in a forward-looking way” and makes sure a monopolist reap benefits obtained through the antitrust violation.

“Looking forward in cases like Epic v. Google often requires the consideration of network effects, data feedback loops, and other key features of digital markets,” the FTC said. “This could help ensure that potential competitors can overcome the advantages established digital platforms often gain, which include network effects and data incumbency.”

The brief comes days after Google achieved a victory in another antitrust case, with a federal judge dismissing a lawsuit that had accused the tech giant of unlawfully dominating web search on smartphones.

U.S. District Judge Rita Lin found the plaintiffs had not provided enough evidence showing harm from Google’s dominance of the market, but said they could file an amended suit by Sept. 9, pointing to a Washington, D.C., court’s ruling in a separate lawsuit earlier this month which found that Google had created an illegal monopoly over search engines. Google has denied the allegations in both suits.