Epic v. Google: everything we learned in Fortnite court
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If you’re like me, you’ve been wondering for weeks — how can Epic possibly justify that Google isn’t primarily competing with the iPhone?
Bernheim says market definition is about whether good substitutes exist, ones that can keep a monopolist from charging whatever it wants for a product. Picture a Samsung television: “You could have bought an LG television, you could have bought a Panasonic, those would be good substitutes.”
Are movie theaters a good substitute, though, if your goal is to watch movies? “We have to ask ourselves, is that a close enough substitute that manufacturers are providing enough discipline for the product manufacturers? And in that example it’s a little far fetched.”
He claims that neither consumers nor developers have good substitutes for Google Play when it comes to getting apps. App distribution on iPhones, non-smartphones, or web apps don’t compete, he says.
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