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What Happened on Day One of the Epic Games vs. Google Trial?

Day one of Epic’s antitrust trial against Google featured competing opening statements and testimony about the Epic Games Store and Down Dog. It did not decide the case.
Length3 min Posted Quest giverVGSources Team
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Day one of Epic Games’ antitrust trial against Google featured opening statements from both sides and testimony from two witnesses: Epic Games Store head Steve Allison and Down Dog CEO Benjamin Simon. The arguments set up disputes over Android app-store competition, developer agreements, fees and alternative payment routes—but the first day did not decide the case.

What happened in court on the first day?

Epic’s lead attorney, Gary Bornstein, and Google attorney Glenn Pomerantz presented opposing accounts of how Google’s Play Store operates and whether its practices unlawfully restrict competition. The court also heard from Allison and Simon, whose testimony connected the dispute to game-store revenue sharing and the experience of an app developer.

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The account below follows GamesBeat’s recap by Dean Takahashi, originally published November 7, 2023, and marked updated June 18, 2025. It is a report of the opening day, not a trial transcript or a judicial finding. Read the GamesBeat recap.

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How did Epic frame its case?

Bornstein argued that Google used its position in Android app distribution to protect its market power. He said Google Play accounted for 90% of app installs in 2020, even though Samsung’s store was installed on many Android phones. That figure was part of Epic’s opening argument as reported by GamesBeat; it was not established as a court finding on day one.

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  • Gift card must be redeemed at EpicGames.com/redeem. This gift card WILL NOT work if redeemed directly on a console device (PlayStation, Xbox, Nintendo Switch, etc.)
  • If you play Fortnite experiences on a console device, you need to link your Epic Games account to your console account(s) so items purchased at Fortnite.com/item-shop appear across all of your linked accounts
  • Requires internet connection, valid Epic account and prior acceptance of the terms
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Epic also alleged that Google paid actual and potential competitors, including game developers, as part of an effort Bornstein described as “bribe and block.” The recap calls the alleged developer-payment effort “Project Hug.” Epic’s claims about the purpose and effect of these arrangements remained allegations at this stage.

On sideloading—the installation of apps from outside the official store—Epic argued that Google made the process difficult. Epic also acknowledged that its own Project Liberty hotfix enabled alternative payments and sideloading without warning Google or Apple, while arguing that the change caused no consumer harm. These were competing positions, not conclusions reached on the first day.

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  • Redeemable on accounts in the United States and in U.S. Dollars.
  • Gift card must be redeemed at EpicGames.com/redeem. This gift card WILL NOT work if redeemed directly on a console device (PlayStation, Xbox, Nintendo Switch, etc.)
  • If you play Fortnite experiences on a console device, you need to link your Epic Games account to your console account(s) so items purchased at Fortnite.com/item-shop appear across all of your linked accounts
  • Requires internet connection, valid Epic account and prior acceptance of the terms
  • Redemption: Online

Epic’s opening also cited Google’s annual operating profits of $12 billion and a 70% margin, compared with 24% in 2014. Those figures were Epic’s courtroom argument as reported by GamesBeat, not findings by the court.

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How did Google respond?

Pomerantz argued that the definition of the relevant market mattered. Rather than limiting the question to Android app stores, he proposed considering the games market as a whole or the mobile-games market. That framing would affect how the court assessed Google’s position and the competitive alternatives available to users.

Rank #3
Fortnite eGift Card
  • Redeemable on accounts in the United States and in U.S. Dollars.
  • Gift card must be redeemed at EpicGames.com/redeem. This gift card WILL NOT work if redeemed directly on a console device (PlayStation, Xbox, Nintendo Switch, etc.)
  • If you play Fortnite experiences on a console device, you need to link your Epic Games account to your console account(s) so items purchased at Fortnite.com/item-shop appear across all of your linked accounts
  • Requires internet connection, valid Epic account and prior acceptance of the terms
  • Redemption: Online

Google pointed to Samsung’s app store and sideloading as choices available to Android users. It defended Anti-Fragmentation Agreements as a way to support compatibility across Android devices and argued that its 30% fee paid for services beyond processing payments. Pomerantz summarized Google’s position on the fee by saying, “It’s a market fee, not a monopoly fee.” These were Google’s arguments, not rulings by the court.

What did the witnesses say?

Steve Allison on the Epic Games Store

Allison, head of the Epic Games Store, discussed its 12% revenue share, growth strategy and lack of profitability at the time of his testimony. On cross-examination, Google raised Allison’s earlier statement that the store’s fee also bought access to Epic’s audience. The testimony put the store’s pricing model and the value it offers developers into the dispute.

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  • An Epic Games account is required to redeem an Epic Games Store Card code
  • If playing on a console platform (PlayStation Network, Xbox Live, Nintendo Switch or Mobile) you need to link your Epic Games account to that gaming platform (one time) to redeem your gift card code
  • The 16 digit code on the back of the card WILL NOT work if redeemed directly through your gaming platform (PlayStation Network, Xbox Live, Nintendo Switch, Mobile, etc.)
  • Note: Nintendo devices do not support Fortnite Shared Wallet, so V-Bucks purchased using your account balance will not show up on your Nintendo device. However, if you purchase items in the web Item Shop — or another platform where you play Fortnite — those items will be available in your Locker across all platforms.
  • Redemption: Online

Benjamin Simon on Down Dog’s subscription prices

Simon, CEO of Yoga Buddhi, which makes the Down Dog app, compared subscription prices on Google Play with prices on the company’s website. He testified that the app cost $60 per year or $10 per month through Google Play, compared with $40 per year or $8 per month on Down Dog’s website.

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Simon said Google required the company to remove an in-app button directing users to the cheaper web option. He testified that after its removal, 28% fewer prospective users chose to pay. That is Simon’s account of the effect; the GamesBeat recap does not independently establish that removing the button caused the change.

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  • An Epic Games account is required to redeem an Epic Games Store Card code
  • If playing on a console platform (PlayStation Network, Xbox Live, Nintendo Switch or Mobile) you need to link your Epic Games account to that gaming platform (one time) to redeem your gift card code
  • The 16 digit code on the back of the card WILL NOT work if redeemed directly through your gaming platform (PlayStation Network, Xbox Live, Nintendo Switch, Mobile, etc.)
  • Note: Nintendo devices do not support Fortnite Shared Wallet, so V-Bucks purchased using your account balance will not show up on your Nintendo device. However, if you purchase items in the web Item Shop — or another platform where you play Fortnite — those items will be available in your Locker across all platforms.
  • Redemption: Online
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What did day one establish—and what did it leave open?

The first day laid out the main questions the parties wanted the court to consider, but it did not resolve them. Epic emphasized alleged limits on rival app stores and alternative payments, developer arrangements, and the size of Google’s fees. Google emphasized market definition, other Android options, compatibility and the services supported by its fee.

The central disputes remained open: how to define the relevant market; whether alternative stores and payment routes are genuinely accessible in practice; what purpose and effect Google’s developer agreements have; and what services its store fee supports. GamesBeat’s recap described it as difficult to tell from a distance who had won the day. Neither side’s claims should be treated as proven based on the opening statements and testimony alone.

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