Judge doesn’t buy Google’s “terrifying world of chaos” argument in Epic case

Epic is hoping the court approves several remedies it had previously submitted, which Google claims are over the top and would “harm the privacy, security, and overall experience of consumers.” So all eyes are on Judge James Donato, who heard testimony on both sides and offered some hints as to how he’s leaning.

To start with, while Donato said some of the remedies Epic proposed are “open-ended and too vague,” Google will have to make changes it doesn’t like, but perhaps not as many as Epic is hoping for. “I want to be clear: Google as an illegal monopolist will have to pay some penalties,” Donato said during the hearing. “This case is about the opportunity to compete generally. I am not looking for relief that is going to give a helping hand just to Epic. What we are doing is leveling the playing field and lifting the barriers.”

Donato also took issue with what he said was Google’s attempt to show “a terrifying world of chaos” if the proposed remedies were made to app store markets. “I just don’t buy it,” Donato said, adding, “We are going to be walking on new terrain for a while. That’s just the consequence of breaking the antitrust laws — we have to do things in a different way.”

The judge also had no sympathy for Google’s argument that the proposed changes would be bad for consumers and businesses. “To jump up and down and say the new way is going to be a world no one wants to live in, it’s unfounded,” said Donato. 

In the lead-up to Thursday’s hearing, Epic put forward a 16-page document of suggested remedies it believes Google needs to apply to its business following the antitrust ruling, including banning Google from blocking alternative app stores and billing systems or sharing Google Play revenues with carriers or phone makers. Google has appealed the verdict and argued that the suggested remedies are unnecessary due to Play Store changes it’s already introduced to settle a separate $700 million monopoly suit in December — a case Donato also oversees.

Google and Epic are expected to make their final arguments in August, with Donato anticipating to “promptly” issue penalties soon after.