• by Wendy Davis  @wendyndavis, April 29, 2022

Epic Games is asking a federal judge to prohibit Google from removing Bandcamp, an online music marketplace app, from the Google Play platform.

Bandcamp, acquired by Epic Games in March, currently uses its own payment platform, instead of Google's. Google previously allowed Bandcamp -- and other companies that sold digital content -- to use non-Google payment systems.

But in September of 2020, Google said all Google Play apps that sold digital goods or services would have to use Google's payment platform. Google, like Apple, gleans commissions on in-app purchases processed by their payment platforms. 

Google intends to enforce that policy against Bandcamp as of June 1, Epic Games alleged in papers filed Thursday with U.S. District Court Judge James Donato in the Northern District of California.

Epic -- which is currently suing Google over its app marketplace policies -- argues that Bandcamp will face irreparable harm if forced use Google's payment platform.

“Integrating [Google Pay Billing] may require Bandcamp to switch from paying out artists within 24 to 48 hours of a sale (an essential feature of Bandcamp's offering) to paying out artists 15 to 45 days after a sale -- a significant blow to the artists who rely on Bandcamp to make a living and continue making music,” Epic writes in its request for an injunction against Google.

The company adds that Google's payment platform “is not equipped to accommodate” Bandcamp's business.

“Bandcamp is a large marketplace where artists and labels add and edit thousands of digital and physical items each day and have full control over pricing,” Epic asserts.

A Google spokesperson says Epic's claim is “meritless,” adding that Bandcamp is eligible for a service fee of only 10% -- which is less than the 30% commission some other app developers pay Google for in-app digital purchases.

“Android’s openness means that Bandcamp has multiple ways of distributing their app to Android users, including through other app stores, directly to users via their website or as a consumption-only app,” the spokesperson adds.

Epic's request for an injunction against Google comes nearly two years after Epic sued Google and Apple for allegedly violating antitrust law with their app store policies.

Epic brought the cases soon after the companies removed the Fortnite game from their mobile app marketplaces for allegedly violating Google and Apple policies regarding in-app purchases.

Apple requires game developers to use its payment platform for in-app purchases, and charges a 30% commission to developers that take in more than $1 million in revenue.

Google's developer agreement also provides that apps distributed through Google Play use Google's payment platform, which charges a commission on in-app purchases.

But Google, unlike Apple, allows consumers with Androids to sideload apps -- that is, to download them from sources other than Play Store. Google also doesn't charge commissions on in-app purchases when those apps have been sideloaded.

Epic's case against Apple, which went to trial last year, resulted in a ruling by U.S. District Court Judge Yvonne Gonzalez Rogers that Apple's anti-steering policies -- which prohibited app developers from offering in-app links to outside payment platforms -- violated California's unfair competition law.

But she also said Epic failed to prove that Apple violated antitrust laws.

Epic and Apple have both appealed the ruling to the 9th Circuit Court of Appeals.