Federal Judge casts doubt on Epic v. Google settlement

A California federal court delayed approval of a proposed settlement between Epic Games and Google last week due to concerns from Judge James Donato, who oversaw the case.

By using Level 80this represents another hurdle for the lawsuit, which was filed back in 2020. A settlement was proposed two years after federal judge ruled that Google Play constitutes an illegal monopoly on Android devices.

The agreement proposed introducing a new tiered service fee to allow developers to keep a larger portion of each transaction for their apps, capping the fee at nine or 20 percent depending on the type of transaction and the date the app was installed. Joining this is the ability to enable alternative payment options and the ability for developers to set different prices for transactions on alternative platforms, as well as Google's removal of “fear screens” and the ability to easily install approved alternative app stores.

The said agreement was awaiting approval, which Judge James Donato did not grant. The judge said the proposal may not meet the legal threshold required to change an existing court order, which could include changes in market conditions, company policy or legislation to justify changes.

“The only thing that has changed that I see now is that Epic and Google — two mortal enemies who beat each other mercilessly in this courtroom for years — suddenly became best friends,” Donato said.

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A new hearing is scheduled sometime in the next couple of months.

The judge in the case has scheduled another hearing in either December or January to further review the agreement.

Both Epic and Google wanted to keep all details of the settlement confidential, but Donato rejected the offer, saying he “didn't want to do this in the dark.”

As of October 29, Google is already prohibited from forcing US developers to use Google Play Billing or restricting alternative payment systems.

Speaking about the proposed changes to X (formerly Twitter)Android President Samir Samat said they will “focus on increasing developer choice and flexibility, lowering fees and encouraging more competition, while keeping users safe.” He added that if the changes are approved, it would resolve litigation between the companies.

Meanwhile, Epic Games CEO Tim Sweeney called the settlement “amazing” adding that “it truly echoes the original vision of Android as an open platform to streamline competitive installs in stores around the world, reduce service fees for developers on Google Play, and enable third-party payments in apps and online.”

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