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ARTICLE · 23 MAY 2022

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Telecommunications, Media And Technology (TMT) Law Update – Volume 46

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Federal Court rejects jurisdictional submission by Google.

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Gordon Hughes
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Thomas Dysart
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Judgments

Federal Court rejects jurisdictional submission by Google

On 4 February 2022, the Federal Court dismissed an application by Google LLC to stay proceedings against an online games distributor, Epic Inc, in respect of a dispute over Google's exclusion of Epic's game Fortnite from the Android platform and its refusal to enable purchase of the game other than via Google Play: Epic Games, Inc v Google LLC [2022] FCA 66. We have previously reported on similar (but in some respects distinct) proceedings brought by Epic against Apple, in which Apple succeeded with its stay application at first instance before the decision was overturned on appeal. In the Google proceedings, Google relied on a clause of the Google Play Developer Distribution Agreement which nominated the law of California as the governing law and vested exclusive jurisdiction in the courts of Santa Clara. Perram J declined to grant the stay on a number of bases, including the fact that it was

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