Day one of Epic Games v. Google featured opening statements from both sides and testimony from two witnesses: Epic Games Store head Steve Allison and Yoga Buddhi CEO Benjamin Simon. Epic argued that Google used its control of Android app distribution to protect its position; Google argued that Android users have alternatives and that its agreements and fees serve legitimate purposes. The first day did not produce a verdict or establish either side’s claims as fact.
What each side argued
The openings framed the dispute around four questions: how to define the relevant market, whether Android alternatives are practically accessible, what Google’s developer agreements accomplish, and what its store fee pays for.
Epic’s case: restrictions and alleged efforts to protect Google Play
Epic lead attorney Gary Bornstein argued that Google Play accounted for 90% of app installs in 2020, the year Epic filed its lawsuit, despite Samsung’s store being installed on many Android phones. He said Google paid actual and potential competitors, including game developers, in an alleged effort Epic described as “Project Hug.” Bornstein characterized Google’s approach as a “bribe and block” strategy. These were Epic’s opening arguments, as reported by GamesBeat—not findings established at trial on day one.
Epic also addressed its own conduct. It acknowledged that its Project Liberty hotfix enabled alternative payments and sideloading without warning Google or Apple, while arguing that the move caused no consumer harm. GamesBeat’s day-one account does not resolve those competing claims.
Free tools Windows power users keep installed
One-click scans. No signup required.
#1 Best Overall
- Epic is a fantasy card gam which aims to recreate the TCG-style experience from a single box, with no additional purchases required
- Epic is a card game designed to start quickly but also to reward deep, strategic plays.
- In Epic, you take on the role of an elder god, in conflict with other elder gods.
- The cards in your deck are your champions, who fight for you, and events, which represent your will imposed on the mortal realm.
- The turn sequence is easy but there are many options to choose from
Epic further argued that Google earned $12 billion in annual operating profits with a 70% margin, compared with 24% in 2014. Those figures were presented as Epic’s argument in the opening, not as a judicial finding or an independently verified measurement in the day-one account.
Google’s case: broader markets and Android choices
Google attorney Glenn Pomerantz argued that market definition was central. He urged consideration of the broader games market or mobile games, rather than limiting the analysis to Android app stores. Google pointed to Samsung’s app store and sideloading as alternatives available to Android users.
Rank #2
- Navigate the treacherous world of Westeros as you vie for power, alliances, and control of the Iron Throne in Tiny Epic Game of Thrones.
- When you play Tiny Epic Game of Thrones, you win or you die - Dive into this compact strategy game for 1-4 players that’s perfect for board gamers and Game of Thrones fans.
- Play as iconic characters like Ned Stark, Jaime Lannister, and Olenna Tyrell, each with unique miniatures and house mats.
- High-quality components, including stunning miniatures and detailed artwork, bring the Seven Kingdoms to life.
- A standout in the Tiny Epic series, offering highly thematic and fun gameplay in a compact box with unique mechanics, stunning design, and the first-ever IP-branded Tiny Epic game.
Google defended its Anti-Fragmentation Agreements as a way to support compatibility across Android devices. It also argued that its 30% fee pays for services beyond payment processing. Pomerantz described it as “a market fee, not a monopoly fee.” These, too, were Google’s arguments—not conclusions reached on the first day.
What the two witnesses said
Steve Allison on Epic’s store and revenue share
Steve Allison, head of the Epic Games Store, discussed the store’s 12% revenue share, its growth strategy and its lack of profitability at the time. On cross-examination, Google raised Allison’s earlier statement that the fee also bought access to Epic’s audience. The testimony put store economics and customer reach in view, but the day-one recap does not establish a broader comparison of the stores’ costs or performance.
Rank #3
- Epic is a fast-paced card game of fantasy combat designed by Hall of Fame Magic players Rob Dougherty and Darwin Kastle
- Epic is a card game designed to start quickly but also to reward deep, strategic plays. In Epic, you take on the role of an elder god, in conflict with other elder gods
- Bundle Includes The Epic Card Game including 3 boxed sets and 16 Card expansion packs
- Each boxed set is a stand alone game but are also compatible together. Dont Forget 3 copies of Every set to build a Constructed Deck
- Players: 2-4 / Ages: 14+ / Time: 30+ minutes
Benjamin Simon on Down Dog’s prices and payment messaging
Benjamin Simon, CEO of Yoga Buddhi, maker of the Down Dog app, compared subscription prices on Google Play with prices on the company’s website. According to Simon’s testimony, the Google Play options were $60 per year or $10 per month, while the website options were $40 per year or $8 per month.
Simon also testified that after Google required Down Dog to remove an in-app button pointing users to the cheaper web option, 28% fewer prospective users chose to pay. That is Simon’s account of the effect; the day-one recap does not independently establish that removing the button caused the change.
Rank #4
- Official Steamforged Games Epic Encounters products, including encounter boxes, adventure sets, expansions, accessories, and curated bundles for fantasy roleplaying games.
- Expand your tabletop adventures with legendary creatures, memorable encounters, detailed miniatures, and immersive gameplay resources for exciting campaign sessions.
- Compatible with 5e-inspired fantasy roleplaying games, making it easy to incorporate encounters into new adventures or existing campaigns.
- Use compatible products individually or combine multiple sets to create custom adventures, unique storylines, and challenging fantasy encounters.
- Ideal for game masters, roleplaying groups, collectors, and miniature enthusiasts seeking ready-to-run encounters with high replay value.
What day one did—and did not—show
- It established the shape of the dispute, not the outcome. The parties offered competing accounts of market power, user choice, developer agreements and store fees; the court had not resolved those issues on day one.
- Arguments and testimony are not findings. Figures such as Epic’s 90% app-install claim and Simon’s 28% figure should be attributed to the speaker who offered them.
- The practical question is bigger than whether alternatives exist. Epic emphasized barriers and friction around rival stores, sideloading and payments. Google emphasized the availability of alternatives. The opening day did not settle how accessible those options were in practice.
GamesBeat’s Dean Takahashi, in a recap originally published November 7, 2023 and marked updated June 18, 2025, said it was difficult to judge a winner from a distance after the first day. The account is a report of the openings and testimony, not a transcript or a substitute for the underlying evidence.
Quick Recap
Best Value
- From the Hit Video Game
- By Epic Games
- Official Art work
- High Quality from NECA
- Great Collector's Item
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
What’s actually slowing this PC down?
Pick the symptom - the matching free tool is one click away.
