Phi Finney McDonald, with Maurice Blackburn, act for the Lead Applicants in a class action in the Federal Court of Australia against Google LLC, Google Asia Pacific Pte Ltd (Google Asia Pacific) and Google Payment Australia Pty Ltd (Google Australia) (together, Google) (Respondents).
The class action is on behalf of app developers who sold their apps and in-app content via the Australian Play Store, as well as eligible users of Android smartphones and tablets who purchased Android apps distributed via the Australian Play Store and/or in-app digital content in Android apps distributed via the Australian Play Store, from 6 November 2017 to 20 June 2022 (Google Play Store Class Action).
If you register to be kept informed, Maurice Blackburn or Phi Finney McDonald will notify you of any important developments in the Google Play Store Class Action or steps you need to take.
If you have questions, please refer to the FAQs below. If you contact us, there may be a delay in us responding given the size of this class action and the number of Australians potentially impacted.
For app developers: developer@playstoreclassaction.com.au
For app consumers: consumer@playstoreclassaction.com.au
Or
Call 1800 879 141
A class action is an action that is brought by one person or a small number of persons (Applicant(s)) on their own behalf and on behalf of a class of people (class members) against another person or persons (Respondent(s)) where the Applicants and the class members have similar claims against the Respondent(s).
Class members in a class action are not individually responsible for the legal costs associated with bringing the class action. In a class action, only the Applicants are responsible for the costs
Class members are “bound” by the outcome in the class action, unless they have opted out of the proceeding. A binding result can happen in two ways being either a judgment following a trial, or a settlement at any time. If there is a judgment or a settlement of a class action class members will not be able pursue the same claims and may not be able to pursue similar or related claims against the Respondent/s in other legal proceedings. Class members should note that:
This class action is brought by the Applicants, Brett McDonald and Dark Ice Interactive Pty Limited, on their own behalf and on behalf of all persons who are “class members” as defined in the proceeding.
The action concerns Google’s conduct in relation to the Australian Play Store. Google Asia Pacific Pte Ltd is the Google entity that contracts with app developers in relation to Android apps distributed through the Play Store to users in Australia. Google Payment Australia Pty Ltd, a subsidiary of Google LLC, accepts and facilitates the processing of payments for Play Store apps and in-app purchases in Australia. During part of the Relevant Period, Google charged developers a 30% fee on these purchases, or in some cases, 15%.
The Applicants allege that from 6 November 2017 to 20 June 2022:
in contravention of ss. 45, 46 and 47 of the Competition and Consumer Act 2010 (Cth).
The Applicants seek compensation for eligible purchasers and app developers from Google for the alleged excess fees charged.
The Respondents deny that they have engaged in the alleged contravening conduct or that such conduct resulted in materially higher prices and are defending the class action.
A first stage trial of the Google Play Store Class Action (First Stage Trial) concluded on 5 July 2024. At the First Stage Trial, the Court heard evidence of:
The First Stage Trial of the class action was heard together with a trial in a separate but related legal action that has been commenced by Epic Games, Inc. and Epic Games International S.à r.l. (together, Epic Games), in which Epic Games also alleges that Google contravened the same provisions of the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law listed above.
The parties have agreed that the Applicants and class members (who have not opted out) will be bound by all findings of fact, findings of law and mixed findings of fact and law made as part of the First Stage Trial.
If the class action is successful at the First Stage Trial, a second stage trial may be held at a later date to determine the loss or damage suffered by class members (if any) as a result of Google’s conduct.
A potential conflict of interest may arise between app developer class members and app purchaser class members on questions relating to the allocation of loss and damage between them, including in relation to questions concerning the extent to which app developer class members would have passed on any reduction in fees to app purchaser class members. The Applicants will take appropriate steps to manage any potential conflict of interest.
You are a class member if at any time during the Relevant Period you:
Either:
Were not, during any part of the Relevant Period, and are not, as at the date of the Applicants’ originating application, any of the following:
You may also be excluded from participating in the class action if you have released Google from any claims related to the facts underlying this class action, for example, in the context of a class action overseas.
The Google Play Store Class Action is being funded partly by a litigation funder, CF FLA Australia Investments 2 Pty Ltd, which is an Australian proprietary company owned and controlled by funds managed by Fortress Investment Group LLC (CF FLA). Phi Finney McDonald and Maurice Blackburn are deferring payment of the portion of their legal fees that are not being paid by CF FLA. For more information about how the class action is funded please refer to the Opt Out Notice or contact us using the contact details provided.
You will not become liable for any legal costs simply by remaining as a class member. However, if any compensation becomes payable to you as a result of any order, judgment or settlement in the Google Play Store Class Action, the Court may make an order that some of that compensation be used to help pay a share of the costs which are incurred by the Applicant in running the class action, but which are not able to be recovered from the Respondents. Any such amounts will only be payable in the event of a successful outcome by way of a deduction from any compensation to which you become entitled and will never exceed the amount of compensation to which you may otherwise become entitled. For more information about legal costs please contact us using the contact details provided.
Unless you have opted out by the opt out deadline of 4:00 pm (AEDT) 23 February 2024, you will be bound by any settlement or judgment of the Google Play Store Class Action. If the class action is successful you will be entitled to share in the benefit of any order, judgment or settlement in favour of the Applicant and class members, although you may have to satisfy certain conditions before your entitlement arises. If the action is unsuccessful or is not as successful as you might have wished, you will not be able pursue the same claims and may not be able to pursue related claims against the Respondents in other legal proceedings.
If you want to register to be kept informed about developments, please do so by following the Registration link above.