![]() ![]() ![]() Google Play is a digital distribution service operated by Google and distributes over 90% of Android apps in the United States. Is Google Play’s market share akin to a violation of antitrust law or is it a result of Google’s commitment to innovation, vigorous competition, and successful business model? Section 2 of the Sherman Act makes it unlawful for any person to “monopolize, or attempt to monopolize, or combine or conspire with other person or persons, to monopolize any part of trade or commerce among the several States, or with foreign nations.” Monopolization requires (1) monopoly power and (2) the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident. This blog analyzes the plaintiffs’ allegation that Google has unlawfully maintained monopoly power in the market for distributing apps on Android by deterring consumers from directly downloading and installing apps or app stores that might compete with the Google Play Store (“Google Play”). ![]() Plaintiffs contend that Google’s alleged anticompetitive conduct harms consumers and app developers. The complaint alleges five categories of anti-competitive conduct through which Google has obstructed competition in Android app distribution and in-app purchases. Recently, a coalition of state attorneys general launched an antitrust lawsuit against Google alleging that Google unlawfully maintains a monopoly in the market for Android app distribution. The myriad of apps that run on the device and are compatible with the device’s operating system is what makes it “smart.” American consumers spend more than $32 billion per year purchasing apps and digital content within apps with the most popular applications of 2021 including TikTok, Instagram, Facebook, Cash App, and Zoom. Many consumers consider these apps to be what give smart devices value. They enable mobile device users to download software that is not included with the mobile device when purchased. “App stores” are a type of digital distribution platform for software called applications that allows mobile device users to bridge the gap between basic hardware and a multifaceted “smart” device. ![]()
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