\n<\/p>\n
\u201cImpairment means something is there, it\u2019s being used, it just isn\u2019t as good. Prevented means you shut it down.\u201d<\/p>\n
Epic\u2019s expert Bernheim argues that Google\u2019s expert Gentzkow \u201cignores four critical aspects of Google\u2019s conduct,\u201d including:<\/p>\n
\n1. Google impairs competition without preventing it entirely<\/p>\n
2. Google\u2019s conduct targets comeptition as it emerges<\/p>\n
3. Google is dominant<\/p>\n
4. Google shares its Play profits with its competitors<\/p>\n<\/blockquote>\n
\u201cWhen push came to shove, he talked about whether competition is prevented\u201d rather than impaired, says Bernheim.<\/p>\n
The upshot of that: Bernheim believes Epic doesn\u2019t need to prove Google actually blocked competition entirely. In his opinion (for Epic), Epic only needs to show there were no good alternatives to Google Play and Google Play Billing. It doesn\u2019t need to show there were no alternatives at all. <\/p>\n
For example, says Bernheim, Gentzkow presented a chart titled \u201cWas Fortnite Blocked?\u201d showing that revenue tanked on Google Play after the app was kicked off the store, but didn\u2019t tank for Android phones that got Fortnite a different way.<\/p>\n
But \u201cIf off-Google Play was a good substitute for Google Play, you\u2019d see when one drops, the other goes up commensurably.\u201d That didn\u2019t happen: demand stayed stable outside of Play, according to the bar graph we just saw. \u201cThere\u2019s no indication that any of the people here are substituting to off-Google Play.\u201d<\/p>\n
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