It was a long-awaited day in court for Epic Games CEO Tim Sweeney, who testified in federal court in San Francisco on Monday in the company’s legal battle against Google.
The fight between the companies began in the summer of 2020 when Epic, the company behind the popular video game Fortnite, wanted Google to stop charging app developers a 30 percent fee for purchases made in its Play Store on Android devices. .
When Google refused, Epic installed its own payment system in the Fortnite app on Android, charging consumers a lower price.
Google responded by removing Fortnite from its Play Store on August 13, 2020. The same day, Sweeney sued Google, accusing the tech giant of exercising monopolistic control over mobile game developers in its Play Store.
“I want to make it clear to everyone exactly what was happening on these platforms,” Sweeney said from the witness stand Monday. “I want everyone to see and understand that Google exercises de facto control over the availability of apps on Android.”
In 2021, a federal judge rejected most of Epic’s arguments in a similar case against Apple. This time, a nine-person jury will decide whether Google violated antitrust laws by exploiting smaller rivals in a trial expected to conclude next month.
The result could have broad implications. If Epic wins, Google could be forced to allow other companies to offer competing payment systems on the Play Store.
Since the trial began two weeks ago, Mr. Sweeney has been sitting in the front row of the courtroom almost every day. He was determined to go to trial alone: Google announced a settlement last month with the other plaintiff in this case, Match Group, a dating app company. In September, Google reached a settlement with dozens of state attorneys general who sued the company on similar grounds.
In his testimony, Sweeney insisted that his goal was to distribute the games to more users, rather than seek monetary damages, and that Google’s fees prevented Epic from expanding its business. In cross-examination, Google lawyer Jonathan Kravis said Epic also paid game console companies, including Nintendo, Sony and Microsoft, a 30 percent commission and had made $12 billion from the consoles. together.
Sweeney nodded toward the number, despite saying earlier Monday that Epic is currently losing money.
Kravis also pressed Sweeney on his demand to pass the fare savings on to customers. For example, Epic charges the same price for in-game purchases on all platforms, including its own store, where it pays no fees.
“You’re putting the money in your pocket, right?” Mr. Kravis asked.
Sweeney did not deny the allegation, but said Epic was saving about 3 percent by not using a payment processor. In later testimony, he also said that a contract with Sony prevented Epic from selling Fortnite game product for less than its PlayStation price, and that Apple and Microsoft received nothing when Epic distributed such products through the companies’ personal computers. companies.
