A California federal court has postponed the approval of last week’s proposed settlement between Epic Games and Google following concerns from judge James Donato, who has been overseeing the case.
Via 80 Level, this presents yet another roadblock for the lawsuit filed back in 2020. The settlement was proposed two years after a federal judge ruled that Google Play constituted an illegal monopoly on Android devices.
The settlement proposed introducing a new tiered service fee to allow developers to retain a larger cut of each transaction for their apps, capping fees at nine or 20 percent depending on the type of transaction and the date on which the app was installed. This was joined by the ability to include alternative payment options and for developers to be free to set different prices for transactions on alternative platforms, as well as Google removing “scare screens” and allow easy installation of approved alternative app stores.
Said agreement was pending approval, which judge James Donato has not granted. The judge said the proposal may not meet the legal threshold required to modify the existing court ruling, which could include shifts in market conditions, company policy, or legislation, to justify the revisions.
“The only changed circumstance that I can see right now is Epic and Google—two mortal enemies who pounded each other relentlessly in this courtroom for many years—are suddenly BFFs,” Donato said.
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A new hearing is slated sometime in the next couple of months
The judge on the case has scheduled another hearing, which is taking place in either December or January, to further review the agreement.
Both Epic and Google wanted to keep the full details of the settlement confidential, which Donato rejected, saying he doesn’t “want to do this in the dark.”
As of October 29, Google is already prohibited from forcing developers in the United States to use Google Play Billing, or from restricting alternative payment systems.
When talking about the proposed changes on X (formerly Twitter), Android president Sameer Samat said these would “focus on expanding developer choice and flexibility, lowering fees, and encouraging more competition all while keeping users safe.” He added that, if these changes were approved, that would resolve the litigations between the companies.
Meanwhile, Epic Games CEO Tim Sweeney called the settlement “awesome,” adding that “it genuinely doubles down on Android’s original vision as an open platform to streamline competing store installs globally, reduce service fees for developers on Google Play, and enable third-party in-app and web payments.”
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