Epic Games claims Google failed to comply with Indian antitrust order

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NEW DELHI, Feb 14 (Reuters) – U.S. company Epic Games is challenging Google in an Indian court for failing to comply with parts of an antitrust directive, arguing the tech giant does not host the game company’s app store on the app Google Play Store.

Epic’s claims are the latest legal issues to plague the Alphabet Inc (GOOGL.O) unit in India. Last month, after losing a legal battle with the Competition Commission of India (CCI), Google said it will make changes to its Android business model, including ending its practice of forcing device makers to pre-install a bouquet of Google apps like YouTube or Chrome.

However, Epic said in a Feb. 9 filing in a New Delhi appellate court that Google failed to comply with a portion of the CCI directive that Google should host third-party app stores on the Play Store and allow apps to be downloaded freely without using the Play Store, a practice called “sideloading,” according to a copy of Epic contributions reviewed by Reuters.

Creator of the popular video game ‘Fortnite’, Epic operates its own app store, Epic Games Store, which offers games and other apps for download. The company says in the filing that it is “exploring the launch” of the Games Store app on the Google Play Store and has been “adversely impacted” by Google’s failure to comply with the CCI order.

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“We are seeking to join Indian developers in court to uphold the ICC order requiring Google to allow competition from third-party app stores,” Bakari Middleton, director of global public policy at Epic Games, told Reuters.

Epic is known for campaigning against Apple (AAPL.O) and Google for charging high fees on the app store. It has 9.5 million users in India.

Google said in a statement that it has submitted its “CCI compliance plan and continues to respectfully follow the legal process in India.”

The ICC did not immediately respond to a request for comment.

In October, the agency said Google was leveraging its dominance of Android in India, where 97% of smartphones run on the operating system.

Google has denied any wrongdoing and has sought to block that directive, warning that the ruling would limit the growth of the Android ecosystem. India’s Supreme Court ordered Google to follow the ICC’s directives, but allowed it to continue arguing its case before the New Delhi Appeal Court, where Epic presented its case.

Epic is seeking an order to force Google to comply with the ICC ruling and the case will likely be discussed in the next few days.

Reporting of Aditya Kalra and Munsif Vengattil in New Delhi; Editing by Christian Schmollinger

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