Epic is suing Google — once more — and now Samsung too

4 years after Epic sued Google for operating an unlawful app retailer monopoly — a case it received this previous December — Epic is suing once more. The Fortnite sport developer has filed a second antitrust lawsuit towards Google, and now moreover Samsung, accusing them of illegally conspiring to undermine third-party app shops.

The lawsuit revolves round Samsung’s “Auto Blocker” characteristic, which now comes turned-on-by-default on new Samsung telephones. Whereas it’s turned on, it robotically retains customers from putting in apps except they arrive from “approved sources” — particularly, Google and Samsung’s app shops. Epic claims there’s no course of for any rival retailer to develop into “approved.”

When Epic filed its authentic lawsuits towards Google and Apple in August 2020, it didn’t but have its personal cellular app retailer. Now, it does: On August sixteenth, it launched the Epic Video games Retailer on Android globally and on iPhones within the European Union the place the EU Digital Markets Act compelled Apple to permit alternate shops.

However a month earlier than it may launch its personal retailer, Epic alleges, Samsung all of the sudden determined to make Auto Blocker kind of on-by-default — making it tougher for brand spanking new telephone consumers to put in competing apps themselves.

Epic claims it now requires “an exceptionally onerous 21-step course of” to obtain a third-party app retailer onto a Samsung telephone, making it that rather more possible customers will quit someplace alongside the best way.

Whereas “21 steps” looks as if an exaggeration to me (Epic’s personal web site claims turning off Auto Blocker takes simply 4!) I can see the corporate’s level once I attempt it alone Samsung telephone. Not solely does Auto Blocker stop me from putting in the brand new Epic Video games Retailer, the “can’t set up app” pop-up not tells me flip Auto Blocker off.

Once I seek for “flip off auto blocker” in my Samsung telephone’s common search bar, there aren’t any related search outcomes; once I seek for “auto blocker,” I’ve to faucet via a number of further screens to close it off. Considered one of them asks me if I’m actually certain, claiming “Auto Blocker retains your telephone secure by blocking threats and different suspicious exercise.”

Right now, Epic alleges that promise of security is solely bogus: “Auto Blocker conducts no evaluation of the protection or safety of any particular supply or any particular app earlier than blocking an set up,” the authorized criticism reads.

“The factor’s not designed to guard towards malware, which might be a very legit function,” says Epic CEO Tim Sweeney. “The factor’s designed to stop competitors.”

In a roundtable interview with journalists, although, Sweeney admits he doesn’t but have proof that Google and Samsung colluded — he’s hoping that comes out within the authorized discovery course of, like so very many embarrassing issues did in Epic v. Google. He additionally admits he didn’t truly ask Samsung if the corporate would freely make the Epic Video games Retailer an “approved supply.”

Like with Sweeney’s earlier lawsuits, he claims that’s as a result of he’s preventing on behalf of all app builders, not simply Epic.

“If we’d fought Epic v. Apple and Epic v. Google solely on the idea of Epic getting particular privileges, maybe settlement discussions with Apple and Google might need been fruitful,” says Sweeney. “But when we did that, we’d be promoting out all builders.”

As an alternative, he says, he privately requested Samsung to both change Auto Blocker so it’s turned off by default, or to create “an trustworthy whitelisting course of” that may robotically let trustworthy apps via Samsung’s new barrier. When Samsung and Epic couldn’t agree on “the idea” of that whitelisting course of, he says Epic threatened authorized motion, even sharing a draft model of immediately’s authorized criticism with Samsung.

We’ve requested Samsung to substantiate or deny whether or not Auto Blocker truly scans an app for threats or suspicious exercise, and whether or not it labored with Google on the characteristic. We haven’t heard again but.

I think Samsung will level out that it doesn’t secretly or quietly activate Auto Blocker, although; it lets customers select. “The default setting for Auto Blocker is about to On within the telephone’s preliminary setup wizard, however you may also change this setting to Off throughout the preliminary setup,” the firm’s assist web page notes.

It’s additionally not but clear whether or not Epic has been harmed by Auto Blocker. Solely two new Samsung telephones have shipped since Samsung turned it on-by-default. Whereas Sweeney claims Google’s earlier makes an attempt so as to add friction to third-party apps (“Unknown Sources”) brought on half the individuals who clicked “obtain” to surrender partway, he admits he doesn’t but have knowledge displaying that the Samsung characteristic is making issues worse.

He says the Epic Video games Retailer has now reached 10 million cellular installs, towards a “completely achievable” 100 million goal by the tip of the yr. He characterizes that as “traction however not an infinite quantity.”

In Epic v. Google, the corporate argued that the Unknown Sources set up movement made it so arduous to draw new customers to a rival app retailer, Sweeney was finally compelled to convey Fortnite to Google’s retailer despite the fact that he promised Samsung he wouldn’t. Although the jury wasn’t requested to resolve on “Unknown Sources” particularly, they did resolve that Epic was harmed by Google’s habits total.

Epic is asking for a jury trial this time as effectively.

Talking of Epic v. Google, we’re anticipating Decide James Donato to challenge his closing order there any day now, and it’s straightforward to think about a world the place Epic v. Samsung will get affected by how he decides to vary Google’s habits. If he grants Epic’s greatest asks, the Google Play Retailer can be compelled to hold the Epic Video games Retailer and different app shops inside it and third-party app shops like Epic’s would additionally get entry to Google Play’s total app catalog. In that world, Auto Blocker appears rather less related.

However a Google enchantment is assured, and Epic is positioning immediately’s new lawsuit as a method to stop and dissuade Google and companions from pursuing a “malicious compliance technique” in the mean time. You could possibly even argue that’s what Decide Donato requested for: in Epic v. Google, he repeatedly advised Epic’s legal professionals that he wouldn’t grant their request for an anti-circumvention provision to maintain Google from getting artistic with workarounds.

“We don’t do don’t-break-the-law injunctions… in case you have an issue, you possibly can come again,” he stated final November.

Sweeney wouldn’t essentially decide to suing different firms that erect boundaries to third-party app shops, however says Epic is “watching that very carefully.”

“Fortuitously no person has finished this however Samsung, and we hope to maintain it that method.”