Epic Games to amend complaint in lawsuit against Google

CARY – Epic Games, along with other plantiffs, has informed the court that is overseeing a case, In re Google Play Developer Antitrust Litigation, in a letter that states it has “intent to amend their complaints in light of document discovery obtained to date.”

There are three cases brought by Epic, developers, and consumers, and the Omnibus Motion to Dismiss (Case No. 3:21-md-02981-JD, Dkt. 21) hearing is scheduled for later this month in a California courtroom.

In the letter, Epic Games noted it informed other plantiffs at the end of June, and indicated an amended complaint would be filed by July 21, 2021. The motion to dismiss is scheduled for July 22.

One of the three lawsuits, Epic Games Inc. v. Google LLC et al., Case No. 3:20-cv-05671-JD, was filed by Epic Games in 2020 after the search giant removed Fortnite from the Play Store. Google removed the wildly popular game from the Play Store after the Cary-based developer released a new payment system. In the case filings, Epic Games alleged that Google monopolizes the market for the distribution of mobile apps to Android users and the accompanying payment processing market.

Google is pushing to get Epic’s Fortnite antitrust case dismissed

Earlier this year, a trial was held for Epic Games v. Apple for Apple’s removal of Fortnite from the App Store over a payments issue that contested the allegedly exorbitant charges by Apple to receive the privileges of selling games on the Apple App Store.

The developer plaintiffs will also amend their complaint, the letter stated, but the consumer plaintiffs will proceed with oral arguments on their complaint, “as they believe their current allegations are sufficient to overcome the pending motion to dismiss,” the letter said.

According to the letter, the parties to the lawsuit have met, and will confer, updating the court in a statement due on July 15.