The Federal Trade Commission (FTC) has filed an amicus brief in the case brought by Epic Games Inc. against Google LLC, detailing potential remedies to restore competition after Google was found liable for illegal monopolization of its app store.
Filed in the U.S. District Court for the Northern District of California, this ongoing antitrust case saw a jury find Google guilty of multiple violations related to its Google App Store. The violations include monopolizing the Android App Distribution and Android In-App Payment Solutions markets for digital goods and services transactions. Google's App Store is a critical platform for developers like Epic to market their software and for users to purchase applications such as Fortnite.
In its brief, the FTC urges the court to use its extensive authority to stop illegal conduct, prevent recurrence, and restore competition. The FTC's brief states that injunctive relief should not only address lost competition but also ensure that a monopolist does not continue benefiting from advantages gained through antitrust violations. Key considerations include network effects and data feedback loops which help established digital platforms lock-in users and create barriers for future competitors.
Google has raised concerns about the administrability of potential injunctions, particularly those requiring it to deal with competitors or provide free access to its Application Programming Interfaces (APIs). Despite these concerns, courts have significant latitude to impose such requirements on monopolists when crafting remedies, according to the FTC.
Google has also expressed worries about the financial burden of complying with Epic’s proposed remedy. However, the FTC stated that complaints about compliance costs are insufficient excuses. "Google’s monopolistic behavior has significantly harmed millions of users in the United States," noted the FTC's brief. Allowing monopolists to benefit from illegal actions while avoiding restoration costs would undermine deterrence efforts.
The Commission vote approving the filing was 3-0-2, with Commissioners Melissa Holyoak and Andrew N. Ferguson recused due to their previous work related to Google cases.
The Federal Trade Commission aims to promote competition and protect consumers. The agency advises that it will never demand money or make threats and encourages individuals to learn more about how competition benefits consumers or file an antitrust complaint through their official channels.
