A California judge has paved the way for a potentially massive class action lawsuit against Google, which is accused – again – of anti-competitive practices around its Play Store.
In an order [PDF] Released on Monday, District Judge James Donato said the plaintiffs in the case have proven they meet the stipulations to be defined as a class, opening the door to arguments at trial that will sound familiar to those in the know. of the App Store’s past antitrust cases.
The class in the case consists of all individuals from 12 U.S. states and territories, including Michigan, Ohio, Wisconsin, Puerto Rico, and the U.S. Virgin Islands, who purchased an app or made an in-app purchase through the Google Play Store on or after August 16, 2016.
While agreeing that the plaintiffs have a valid argument based on class, Donato denied Google’s request to dismiss the expert testimony submitted by the plaintiffs to prove their class status.
As has been the case in other lawsuits against Google’s Play Store – and Apple’s App Store, for that matter – the lawyers argue that Google maintains a monopoly on Android apps and uses other anti-competitive behavior “to ban alternative and competing Android app distribution channels”. Donato said in the notice.
Google’s alleged monopoly on Android app installs allows it to charge a 30% commission on app and app purchases, according to the case. Lawyers argue that the costs are passed directly on to consumers, who end up paying inflated prices to compensate for Google’s cut.
If this sounds familiar, it’s the same reasoning as last year. Cameron et al v Apple Inc decision, and with good reason – many of the same people are involved. The plaintiffs in the Apple case were even represented by the same lawyers from law firm Hagens Berman, who earlier this year won a $90 million settlement with Google over anti-competitive behavior in the Play Store.
Lawyers for Hagens Berman are also on the docket for the case heard by Donato. Given the company’s habit of extracting money from Google and Apple (the 2021 settlement saw Apple pay $100 million), the biggest combined case, which is expected to be heard at trial next year could cost Google millions. Although considering Alphabet made over $16 billion in profit last quarter, these fines are more likely considered a business expense.
In the settlement reached against Google in July, Google promised to make it easier to use other app stores on Android devices and would start allowing developers to direct app users to competing app stores or the Developer’s own website to make purchases of in-app products without Google getting a cut.
According to Reuters, a trial in the newly certified class action case will begin in June next year. ®
