Epic Games, Inc v Google LLC (Service Out of Jurisdiction)

Epic Games, Inc, an American video game developer, initiated proceedings against Google LLC and Google Asia Pacific Pte Ltd (collectively referred to as Google) in the Federal Court of Australia. The primary dispute revolves around allegations of anti-competitive practices in the mobile app distribution market, specifically concerning Google's conduct in relation to the Google Play Store. Epic Games sought to serve these proceedings on Google in the United States and Singapore, respectively, due to the location of their primary offices and operations.

The legal issues at the heart of this matter involved whether the Federal Court had the jurisdiction to grant leave for the service of the originating application and related documents on Google outside of Australia, in accordance with international conventions and local statutory provisions. The applicants needed to demonstrate that the court's jurisdiction was appropriate, and that the proposed methods of service complied with the relevant legal frameworks.

The Federal Court considered the jurisdictional requirements and applicable rules, including the Hague Service Convention and the Singapore Rules of Court. The Court found that the jurisdictional criteria were satisfied, as the dispute's connection to Australia was sufficient to warrant the court's involvement. Furthermore, the proposed methods of service were deemed appropriate, as they adhered to the Hague Service Convention for the United States and the local statutory provisions for Singapore. Consequently, the Court granted the Applicants' request for leave to serve the originating application and related documents on Google outside of Australia.

The orders granted by the Court permitted Epic Games to serve the originating application, Genuine Steps Statement, Concise Statement, and a copy of the orders and accompanying reasons for judgment on Google in the United States and Singapore. This decision enabled the proceedings to move forward, allowing Epic Games to pursue its claims against Google in relation to the alleged anti-competitive practices in the mobile app distribution market.