Google Play judge cancels class-action status won by users

The ruling, which is yet to be finalised, would dramatically reduce potential damages facing Alphabet Inc. over claims that Google Play abuses its control over Android mobile applications. The consumer dispute is part of a sweeping antitrust fight that also includes complaints filed by attorneys general of almost three dozen states, Epic Games Inc. and Match Group Inc. over Google Play store policies.

US District Judge James Donato in San Francisco cancelled his class-status order after he concluded that testimony by an expert for consumer plaintiffs “is based on assumptions about the Play Store apps that are not supported by the evidence”.

“We appreciate the court’s careful consideration of this issue,” a Google spokesperson said. “We look forward to making our case at trial.”

Lawyers representing consumers didn’t immediately respond to a request for comment.

The judge said that because the issue of class-action status is pending before a federal appeals court, he can’t unilaterally rescind his November order that grouped together consumers from 17 states who aren’t represented in the 2021 suit brought against Google by state attorneys general.

Donato asked lawyers for the consumer plaintiffs and Google to meet and figure out a way to resolve the appeals issue before a hearing set for 7 September. 

Google still has to face trial on 6 November over antitrust claims by Epic and the attorneys general who are representing almost 70 million consumers.

The consumers claim Google inflated Android app prices by taking, with some exceptions, a 30% cut of sales on Google Play. State attorneys general said in their 2021 complaint that Google used anti-competitive tactics to block competition and ensure that developers have no choice but to go through the Google Play store to reach users. It then collects an “extravagant” commission of up to 30% on app purchases, the states said. DM