Last week wasn’t the first time Google was declared a monopoly – eight months ago, in the Epic vs. Google case, Google’s control over the Play Store was also declared monopolistic. The judge, Google, and Epic have been arguing ever since over possible remedies, and in two weeks’ time, we’ll know what the judge is going to demand of Google.
Eight months after a federal jury unanimously decided that Google’s Android app store is an illegal monopoly in Epic v. Google, Donato held his final hearing on remedies today. While we don’t yet know what will happen, he repeatedly shut down any suggestion that Google shouldn’t have to open up its store to rival stores, that it’d be too much work or cost too much, or that the proposed remedies go too far.
“We’re going to tear the barriers down, it’s just the way it’s going to happen,” said Donato. “The world that exists today is the product of monopolistic conduct. That world is changing.” Donato will issue his final ruling in a little over two weeks.
↫ Sean Hollister at The Verge
I was a bit confused by what “opening up” the Play Store really meant, since Android is already quite friendly to installing whatever other applications and application stores you want, but what they’re talking about here is allowing rival application stores inside the Play Store. This way, instead of downloading, say, the F-Droid APK from the web and installing it, you could just install the F-Droid application store straight from within the Play Store.
Epic wants the judge to take it a step further and force Google to also give rival application stores access to every Play Store application, allowing them to take ownership of said applications, I guess? I’m not entirely sure how that would work, considering I doubt there’d be much overlap between the offerings of the various stores. The prospect of micromanaging where every application gets its updates from seems like a lot of busywork, but at the same time, it’s the kind of fine-grained control power users would really enjoy. A point of contention is whether or not Google would have to perform human review on every application store and their applications inside the Play Store, and even if Google should have any form of control at all.
What’s interesting about all these court cases in the United States is how closely the arguments and proposed remedies align with the European Digital Markets Act. Where the EU made a set of pretty clear and straightforward rules for megacorporations to follow, thereby creating a level playing field for all of them, the US seems to want to endlessly take each offending company to court, which feels quite messy, time-consuming, and arbitrary, especially when medieval nonsense like jury trials are involved. This is probably a result of the US using common law, whereas the EU uses civil (Napoleonic) law, but it’s interesting nonetheless.