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Consumers to Share in $630 Million of Settlement Google Made With States

Play Store drove up fees for users, tamped down competition, attorneys general alleged


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Zhang Yi/VCG via Getty Image

Google has agreed to pay consumers $630 million and make several other concessions to settle allegations that it had constrained competition against its Android app store — the same issue that went to trial in another case.

Although Google struck the deal with state attorneys general in September, the settlement’s terms weren’t revealed until late Monday in documents filed in San Francisco federal court. The disclosure came a week after a federal court jury rebuked Google for deploying anticompetitive tactics in its Play Store for Android apps.

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The settlement with the states includes $630 million to compensate U.S. consumers funneled into a payment processing system that state attorneys general alleged drove up prices for digital transactions within apps downloaded from the Android-based Play Store.

Eligible consumers will receive at least $2, according to the settlement, and may get additional payments based on their spending in the Play Store from Aug. 16, 2016 to Sept. 30, 2023. The estimated 102 million U.S. consumers who made in-app purchases during that time are supposed to be automatically notified about options to receive their cut of the money.

Another $70 million of the pretrial settlement covers the penalties and other costs that Google is being forced to pay to the states. The agreement is more than 25 times the $23 million consolidated settlement earlier this year of class action privacy lawsuits going back a decade.

States wanted to ask $10.5 billion in court

Although Google is forking over a sizable sum, it’s a fraction of the $10.5 billion in damages that the attorneys general planned to seek from the company if the case had gone to trial.

Like Apple does in its App store, Google collects commissions ranging from 15 percent to 30 percent on in-app purchases. State attorneys general contended those fees drove prices higher for consumers than they would have been in an open market for payment processing. Those commissions generated billions of dollars in profit annually for Google, according to evidence presented in the recent trial focused on its Play Store.

Google agreed to make other changes to make it easier for consumers for the next five years to install Android apps from outlets other than its Play Store. It will refrain from issuing as many security warnings, or “scare screens,” when alternative choices are being used.

The makers of Android apps will also gain more flexibility to offer alternative payment choices to consumers instead of having transactions automatically processed through the Play Store and its commission system. Apps will be able to promote lower prices available to consumers who choose an alternative to the Play Store’s payment processing.

Androids phones are tops worldwide, not so in U.S.

Worldwide, more than 7 in 10 mobile phones use an Android operating system, according to Statcounter Global Stats. In the U.S., nearly 6 in 10 smartphones use Apple software.

The settlement represents a “loud and clear message to Big Tech. Attorneys general across the country are unified, and we are prepared to use the full weight of our collective authority to ensure free and fair access to the digital marketplace,” Connecticut Attorney General William Tong said.

Wilson White, Google’s vice president of government affairs and public policy, framed the deal as a positive for the company, despite the money and concessions it entails. The settlement “builds on Android’s choice and flexibility, maintains strong security protections, and retains Google’s ability to compete with other [software] makers, and invest in the Android ecosystem for users and developers,” White wrote in a blog post.

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Although the state attorneys general hailed the settlement as a huge win for consumers, Epic Games, which led the attack on Google’s app store practices with an antitrust lawsuit filed in August 2020, rebuffed the deal. The maker of the popular Fortnite video game instead chose to take its case to trial, and last week a jury vindicated Epic with the unanimous verdict that Google had built anticompetitive barriers around the Play Store. Google has vowed to appeal the verdict.

Corie Wright, Epic’s vice president of public policy, in a blog post derided the states’ settlement as little more than a one-time payout that provides “no true relief for consumers or developers.”

Google faces more antitrust actions

But the trial’s outcome raises the possibility of Google being ordered to pay even more money as punishment for past practices and making even more dramatic changes to its lucrative Android app ecosystem.

U.S. District Judge James Donato, who presided over the Epic Games trial, still must approve Google’s Play Store settlement with the states.

Another antitrust case will present a bigger threat to Google, targeting its dominant search engine, which serves as the centerpiece of a digital ad empire that generates more than $200 billion in sales annually. Closing arguments in a trial pitting Google against the Justice Department are scheduled for early May before a federal judge in U.S. District Court for the District of Columbia.

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