Judge postpones approval of Epic vs Google settlement, wonders why they’re ‘suddenly BFFs’

A California judge has postponed approval on a proposed settlement of Epic Games and Google’s long-running court dispute.

Epic and Google have been in court for years, since Epic filed a lawsuit back in 2020 claiming that Google had created a monopoly with its Google Play Store on Android devices, with more than 95% of Android apps distributed through it.

The complaint revolved around Google’s insistence on taking a 30% revenue share from any app on the Google Play Store, along with its requirement that these apps use Google Play’s own billing system, meaning developers had no way of making money without going through Google.

The debate has been in and out of court since then, but the pair appeared to have finally resolved the issue last week when they proposed a settlement.

According to the settlement, starting from the next version of Android, Google would let alternative app stores register with it so users could install them easier. Google would also reduce its standard commission fee on purchases to 20% on in-app purchases that effect gameplay, or 9% on cosmetic or subscription-based in-ap purchases.

However, as reported by 80 Level, Judge James Donato hasn’t approved the settlement, saying US law requires a significant change in circumstances to justify overturning a previous court verdict, which was made in 2023 when a jury found that Google had “willfully acquired or maintained monopoly power by engaging in anticompetitive conduct”.

According to Donato, the court had already ruled that Google’s actions were “predatory and anti-competitive”, and that by continuing to appeal the verdict Google has been able to delay the process, continuing to benefit in the meantime.

Donato explained that the proposed settlement would still let Google collect up to 20% on in-app purchases, and that its insistence on approving other app stores for Android would mean it still has the final say over which stores can and can’t be added to devices.

As such, Donato doesn’t believe the settlement changes the situation enough, as required by law, to justify overturning its previous verdict.

“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,” he said.

Donato also said he didn’t want the details of the settlement to be kept confidential, saying: “I don’t want to do this in the dark.”

Last week both Epic Games founder and CEO Tim Sweeney and Google’s president of Android Sameer Samat posted messages on X saying they had teamed up to file an “exciting” and “awesome” proposal to the court to settle their dispute.  It appears that getting the judge to share their enthusiasm is the latest stumbling block.