WASHINGTON, D.C. — The Federal Trade Commission (FTC) recently filed an amicus brief in the ongoing antitrust case brought by Epic Games Inc. against Google LLC. The brief, submitted to the U.S. District Court for the Northern District of California, outlines the FTC’s recommendations for remedies to restore competition following Google’s liability for illegal monopolization.
Google was found guilty of antitrust violations, specifically monopolizing the Android App Distribution and Android In-App Payment Solutions markets. The Google App Store, a critical platform for developers like Epic Games, serves as a marketplace for digital goods and services, including Epic’s popular game, Fortnite.
The FTC’s brief urges the court to employ its broad power to stop Google’s illegal conduct and prevent its recurrence. It also emphasizes the need for forward-looking remedies that restore competition. The FTC highlights the importance of considering network effects and data feedback loops, which often give established digital platforms significant advantages, creating barriers for new competitors.
Google has raised concerns about the administrability of potential injunctions and the costs associated with compliance, especially regarding access to its Application Programming Interfaces (APIs) for non-customers. The FTC counters that the burdens of compliance should not excuse Google’s monopolistic behavior, which has harmed millions of U.S. users. Allowing Google to evade the costs of restoring competition would undermine deterrence, the FTC argues.
The Commission’s vote to approve the filing of the amicus brief was unanimous, with a 3-0-2 vote. Commissioners Melissa Holyoak and Andrew N. Ferguson recused themselves due to their previous involvements in related cases.
The outcome of this case and the court’s decision on the FTC’s recommendations could have significant implications for digital markets, potentially setting a precedent for how monopolistic practices are addressed and remedied in the future.
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