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Epic v. Google: everything we learned in Fortnite court

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Sean Hollister
Epic found what wasn’t there.

Earlier today, Judge Donato let Google say the word iPhone — and it opened the door for Epic’s attorney Lauren Moskowitz to point out what isn’t in the document Google used to justify spending hundreds of millions of dollars on addressing the “contagion effect” of game developers abandoning the Play Store.

What isn’t in the document: Apple. It’s not listed in the “Competitors Aggressively Pursuing Gaming” section. It’s not anywhere.

“Competition with Apple is not being discussed when we’re talking about contagion risk, right?” asked Moskowitz.

“Yes, contagion risk is talking about developers getting their content off Google Play,” Koh admitted. Does that change the conversation around market definition?

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