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Fortnite-maker Epic Games is suing Google and Samsung, accusing them of colluding to keep its app store out

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September 30, 2024, 5:34 AM ET
Visitors stand at the booth of 'Lego Fortnite', an open world survival video game, developed and published by Epic Games in association with The Lego Group, during the media day at the Gamescom video games trade fair in Cologne, western Germany on August 21, 2024.
Visitors stand at the booth of 'Lego Fortnite', an open world survival video game, developed and published by Epic Games in association with The Lego Group, during the media day at the Gamescom video games trade fair in Cologne, western Germany on August 21, 2024.INA FASSBENDER—AFP via Getty Images

Fortnite-maker Epic Games is suing tech giants Google and Samsung, it announced Monday, accusing them of illegally colluding to block competition on Samsung devices.

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CEO Tim Sweeney said his company would file a claim in a US federal court in California, the same jurisdiction where the company won a years-long legal battle with Google in 2023.

He said he would take the fight to authorities in Europe and Asia if necessary, amid his long-running battle to force Apple and Google to open up their smartphone to other app stores.

“This is a major global fight, which is ultimately for the right of consumers to get all the benefits of competition and choose freely who they want to do business with,” Sweeney told reporters.

The latest lawsuit focuses on Samsung’s Auto Blocker feature.

Epic claims that feature was implemented in coordination with Google to undermine a recent US court decision against Google’s app store practices.

Following that decision,  Epic in August launched its own app store, which allows users to bypass the Google-run store and offer content directly to smartphone users.

Epic alleges that Auto Blocker surreptitiously blocks the new app store and others like it by obstructing the ability to install apps from sources other than the Google Play Store and Samsung Galaxy Store.

Epic said that in July 2024, Samsung changed Auto Blocker from an “opt-in” feature to the default setting, forcing users to navigate a cumbersome 21-step process to download apps from third-party stores or the web.

Epic argues that this move cements Google Play Store’s monopoly and violates the jury verdict in Epic’s court victory against Google.

In that case, a jury found Google’s app-store practices, including agreements with phone manufacturers, to be illegal.

“Allowing this coordinated illegal anti-competitive dealing to proceed hurts developers and consumers and undermines both the jury’s verdict and regulatory and legislative progress around the world,” Epic stated in its announcement.

Epic, maker of the hugely popular Fortnite video game, is asking the court to prohibit what it calls anti-competitive conduct and mandate that Samsung remove Auto Blocker as the default setting on its devices.

As part of Epic’s ongoing battles with major tech companies over app store policies and fees, the company previously sued Apple, in a case it mostly lost, and Google, arguing that its app store practices are monopolistic and harm developers and consumers.

The new lawsuit comes at a time of increasing scrutiny of big tech companies’ market power by regulators and lawmakers worldwide, with new laws passed in Europe, Japan and South Korea limiting the way the giants can do business.

Google and Samsung have not yet publicly responded to the lawsuit.

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