In its ongoing antitrust litigation against Google LLC, the Federal Trade Commission (FTC) has submitted an amicus brief in support of Epic Games, underscoring the necessity of effective remedies to reestablish competition. The US District Court for the Northern District of California is currently hearing the case, which arose from a jury's determination that Google violated antitrust laws by monopolizing the Android App Distribution and In-App Payment Solutions markets. Google's App Store is a crucial platform for developers like Epic Games, known for its popular game Fortnite, and plays a vital role in users purchasing applications. The FTC's brief advises the court to order remedies that not only halt Google's illegal conduct but also prevent its recurrence and address the competitive harm caused.
The FTC argues that the court should consider network effects, data feedback loops, and other features of digital markets to ensure future competitors can overcome barriers to entry created by established platforms like Google. Despite Google's concerns about the administrability and costs of potential remedies, the FTC stresses that monopolists should not avoid the costs of restoring competition. The FTC's brief reinforces the importance of meaningful injunctions to deter future violations and maintain a competitive digital marketplace. The Commission's vote to file the brief was unanimous, with two commissioners recused due to conflicts of interest.
