Epic Games, Inc v Google LLC

The case of Epic Games, Inc v Google LLC involved a dispute between Epic Games, Inc and Google LLC. The primary issue was whether Google had contravened the Competition and Consumer Act 2010 by engaging in anti-competitive practices within the mobile operating system and app distribution markets. The Federal Court of Australia was tasked with determining the legality of Google's practices in these markets.

The court had to decide several legal issues, including whether Google had market power in the mobile operating system licensing market, the mobile app distribution market, and the in-app payment solutions market. It also needed to determine if Google's conduct in these markets constituted a misuse of market power, substantial lessening of competition, and contravened section 46 of the Competition and Consumer Act. Additionally, the court examined whether Google's conduct constituted unconscionable conduct under the Australian Consumer Law.

The court found that Google had significant market power in the mobile operating system licensing market, the mobile app distribution market, and the in-app payment solutions market. It determined that Google's restrictive practices, including the anti-fragmentation agreements with original equipment manufacturers, the requirement for exclusive use of Google's Play Store for certain apps, and the imposition of a 30% revenue share on in-app purchases, substantially lessened competition. These practices were found to contravene section 46 of the Competition and Consumer Act. However, the court did not find that Google's conduct constituted unconscionable conduct under the Australian Consumer Law. The court reserved costs and stood the further hearing of the proceeding over to a date to be fixed.