Epic and Developers to Amend Complaint in Google Play Store Antitrust MDL

Through a letter dated July 2, Epic Games Inc. and other plaintiffs in In re Google Play Developer Antitrust Litigation informed the court overseeing their case against Google LLC and its affiliates of their intent to file revised complaints in light of evidence obtained in discovery. In the multidistrict litigation, which includes a collection of cases brought by Epic, developers, and consumers, an omnibus motion to dismiss hearing is scheduled for July 22 before Judge James Donato in San Francisco, California.

In the lawsuit filed last August, Epic alleged that Google monopolizes the market for the distribution of mobile apps to Android users and the accompanying payment processing market. In addition, Epic contended, Google charges supracompetitive commissions for third-party developers’ games, like Epic’s hugely popular Fortnite. The case was filed alongside one against Apple Inc., similarly contesting the allegedly exorbitant commissions charged for the privilege of selling games in the Apple App Store. The well-publicized trial ended in late May. 

The upshot of this week’s filing is that Epic and the developer plaintiffs will file amended complaints by July 21. The letter also noted that Epic informed the other litigants of its intent to amend, and circulated a draft of its proposed amended complaint to Google on June 29.  

In light of Epic’s amendment, the developer plaintiffs also decided to refresh their complaint, the filing explained. By contrast, the consumer plaintiffs are prepared to proceed with oral arguments on their operative complaint, “as they believe their current allegations are sufficient to overcome the pending motion to dismiss,” the letter said. 

Epic is represented by Faegre Drinker Biddle & Reath LLP and Cravath, Swaine & Moore LLP, the same firms that represent it in its antitrust case against Apple.

Bartlit Beck LLP and Kaplan Fox & Kilsheimer LLP are co-lead counsel for the proposed class in In re Google Play Consumer Antitrust Litigation.

Hagens Berman Sobol Shapiro LLP and Hausfeld LLP are co-lead counsel for the proposed class in In re Google Play Developer Antitrust Litigation and attorneys for Peekya App Services Inc.

Google is represented by Morgan, Lewis & Bockius LLP and O’Melveny Myers LLP.