Research methodology This case has been based entirely on secondary data, including court documents, media coverage, company statements and regulatory sources from the period 2018–2025. All data are publicly available, and no primary interviews or confidential material were used. The case complies with Emerald’s factual case policy. Synopsis This teaching case remains highly relevant as it examines the ongoing antitrust conflict between Epic Games (the creator of Fortnite) and Google (operator of the Android Play Store). Epic introduced a direct in-app payment option to bypass Google’s mandatory 30% commission. Google immediately removed Fortnite from the Play Store, which prompted Epic to file an antitrust lawsuit under the Sherman Act §2. The case explores core questions of market power, digital platform control, and the balance between competition, innovation and user protection. Acting as the jury as in the real case, students must assess whether Google’s practices – such as tying its Play Store to Google Play Billing and entering exclusive contracts with device makers – constitute unlawful maintenance of monopoly power or legitimate platform management, and whether remedies are necessary to restore fair competition in digital platform markets. The case further encourages comparison between the US ex post approach under the Sherman Act – which intervenes after anti-competitive conduct has occurred – and the European Union (EU)’s ex-ante regulation under the Digital Markets Act (DMA), which prevents such conduct in advance by imposing proactive obligations on gatekeepers like Google to ensure openness, interoperability and fair access. Through this dual lens, students evaluate how different legal systems address digital market power and obligations in digital platforms, while also considering the implications for consumer welfare. Relevant courses and levels Suitable for upper-level undergraduate, MBA and executive programmes in Strategic Management, Digital Business, Platform Economics and Competition Law. It supports analysis of platform governance, market power and global digital regulation, linking US antitrust law to the EU’s DMA.
Zippan et al. (Thu,) studied this question.