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Legal experts say the outcome of the Epic vs Google trial is "tough to predict" as the two companies battle over the Fortnite firm's antitrust claims made in 2020.
The jury trial began in a San Francisco federal court on Monday, with Epic CEO Tim Sweeney and Alphabet CEO Sundar Pichai expected to testify in the coming weeks.
GamesIndustry.biz reached out to a range of legal experts to find out more about the potential outcome and impact of this trial. Richard Hoeg, managing partner of The Hoeg Law Firm, told us this is already a very different case due to Epic's previous efforts against Apple.
"Epic likely has a slightly stronger case against Google because of the fact that Google has to enforce restrictions through a separate third party, i.e. whoever is actually making the phone," he said. "Apple by comparison unilaterally restricts access to its own devices, and unilateral actors are usually given more leeway in antitrust law."
Gamma Law's managing partner David B. Hoppe agreed, adding that Epic has three strong arguments:
However, Hoeg noted that Google's restrictions are "not absolute" in the same way Apple's are, which may well be in Google's favour. Even so, the legal expert observes that this is "a tough case to predict fully."
In 2021, Epic faced Apple in a California court but was largely unsuccessful with its antitrust claims, winning only one of ten counts in the judge's ruling: a ban on Apple's anti-steering practices. Both companies appealed against the ruling, with the matter currently in the hands of the Supreme Court.
Hoppe told GamesIndustry.biz: "It seems unlikely that the result will be much different – if at all –
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