Hausfeld is collaborating with South Korea’s WeThePeople Law Firm to advocate for the equitable treatment of Korean game companies in the remedies phase of the ongoing antitrust lawsuit between Epic Games and Google. The firm has filed an amicus brief urging the U.S. Court of Appeals for the Ninth Circuit to apply the injunction imposed on Google equally to international game companies, including Korean developers.
The case, which has captured global attention, centers on Google’s alleged violation of antitrust laws through anticompetitive payment policies applied to apps downloaded through Google’s Android Play Store. In October 2024, Judge James Donato of the U.S. District Court for the Northern District of California issued an injunction against Google following the jury’s verdict that Google violated the antitrust laws, prohibiting the company from requiring app developers to use its proprietary payment system. However, the injunction’s scope was limited to U.S.-based app developers, leaving international companies subject to Google’s restrictive policies.
Hausfeld and WeThePeople argue that this exclusion unfairly disadvantages Korean game companies that operate under the same contractual framework governed by U.S. law. In their brief, submitted on January 8, 2025, they contend that international principles of equity demand that the injunction apply universally to all affected parties, irrespective of their geographical location.
“Equal Application of the Law Is Essential”
Lee, Young-ki, lead counsel at WeThePeople, emphasized, “Google’s appeal seeks to confine the injunction’s effects to the immediate plaintiffs, but this approach ignores the broader implications for other game developers operating under identical contracts. Our argument is simple: the same law should apply to all parties equally, regardless of nationality.”
Hausfeld Partner Chris Lebsock added, “This case is about fairness and ensuring that multinational corporations like Google cannot exploit jurisdictional boundaries to perpetuate inequitable practices. The U.S. court has an opportunity to affirm its commitment to global antitrust principles by extending protections to all impacted developers.”
Korean Developers Demand a Level Playing Field
The brief underscores the inherent unfairness of excluding Korean developers from the protections afforded to their U.S. counterparts. It notes that contracts between Google and Korean companies explicitly subject disputes to U.S. law, a fact that further justifies the applicability of the injunction.
“We are advocating for a fair competitive environment,” said Lebsock. “By denying Korean developers the same protections, Google’s practices stifle innovation and competition on a global scale.”
Next Steps in the Case
Oral arguments in Google’s appeal are scheduled for early February 2025 before the Ninth Circuit Court of Appeals. Hausfeld and WeThePeople remain committed to representing the interests of Korean game developers and ensuring that antitrust laws are applied consistently across borders.
To read the amicus brief, click here.
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