Skip to content

Google cites porn and shopping malls in opening defence against Epic Games lawsuit

Google has brought back the analogy of an app store operator as a shopping centre landlord in its opening submissions against allegations of anticompetitive conduct lodged by Fortnite developer Epic Games.

What porn and shopping malls have to do with Epic Games' legal battle against Google. Fabian Sommer / DPA.

It’s Google’s turn to lay out its opening arguments against allegations from Fortnite developer Epic Games that the Play Store operator engaged in restrictive trade practices via its app store. And once again, the language is colourful.

Wasting no time in a Melbourne courtroom on Tuesday, Google barrister Cameron Moore SC returned to an analogy first posited by Federal Court Judge Jonathan Beach in the first days of the court proceedings last week: that Apple and Google are akin to shopping centre landlords in their operations of app stores.

Moore said the analogy was a useful one because of the rules shopping centre owners apply to vendors, which he said are similar to restrictions Google places on developers.

“Rules are designed to make the overall shopping centre attractive,” he said.

“If there were pornography everywhere, or the place was a mess, [vendors] would not be able to compete so vigorously,” he said.