Epic Games, Inc v Google LLC

beach

12 Aug

Federal Court of Australia
[2025] FCA 901 (12 August 2025)
Justice Beach

Catchwords

COMPETITION LAW — digital technology — Android mobile devices — operating system software — original equipment manufacturers — Google mobile services — anti-fragmentation agreement — Android compatibility commitment —smart phones — tablets — personal computers — native apps — web apps — web browsers — Google’s Play Store — downloading apps — installing apps — app developers — access to platforms — two-sided platforms — platform operators — market definition — market power — mobile OS licensing market — distribution services market — market for payment services — restrictive conduct in distribution market and payments market — security and technology considerations and constraints — misuse of market power — imposition of restrictive contractual conditions — substantial lessening of competition — purpose questions — effects questions — contraventions of s 46 of the Competition and Consumer Act 2010 (Cth) — alleged contraventions of ss 45 and 47 — unconscionable conduct — alleged contravention of s 21 of the Australian Consumer Law

Finding

Google found to have engaged in misuse of market power by restricting distribution of apps and in-app payment processing.

News and commentary

Michael Atkin and Melanie Vujkovic, ‘Tech giants Apple and Google lose landmark court case as federal judge rules they engaged in anti-competitive conduct’ (ABC News, 12 August 2025)

Brent Fisse, ‘Epic Games: digital platforms test Australian Competition Law’ (LSJ Online, 7 November 2025)

Gilbert v Tobin, ‘Epic wins cases against Apple and Google in Australia’ (13 August 2025)

Maurice Blackburn Lawyers, ‘Epic decision in landmark misuse of market power case against tech giants Apple and Google’

Notes

Part of a joint trial. All judgments: