The US court is currently not satisfied with the settlement agreement between Google and Epic Games
Last week, Google and Epic Games submitted their proposed settlement to the California court. However, they were unable to secure a swift approval of the deal, as the presiding judge, James Donato, expressed doubts about its merits.
As a reminder, under the terms of the deal, Google agreed to simplify the installation of third-party app stores on Android. It also promised to limit the commission rate to 9-20% for purchases made through alternative payment systems in the U.S. Google Play.
According to Donato, technically, Google and Epic Games are requesting to amend an already issued court verdict. However, by law, they need to prove that circumstances have significantly changed for this to happen—such as changes in market conditions, Google’s policies, or legislation. He sees none of these changes occurring.
“The only changed circumstance that I can see right now is Epic and Google — two mortal enemies who pounded each other relentlessly in this courtroom for many years — are suddenly BFFs,” Donato stated.
The judge also reminded that Google spent the past year filing appeals in the case against Epic Games. Even though it did not win them, its actions delayed the process, causing the verdict to take effect later than planned. As a result, Google was able to continue “harvesting its ill-gotten gains from the predatory and anticompetitive conduct determined by a jury” for a longer period.
Donato explained that, against such a backdrop, he is not confident that the proposed settlement terms will genuinely address the issue of Google Play’s monopoly. Therefore, he wants to hold another hearing on the case in December or January to clarify the situation.
