Court Exhibit·21 DEC 2023
When Fear Of Noise Beats The Better Plan
The best-designed policy loses to the loudest possible critic — until you honestly weigh the cost of doing nothing.
Source document — In re Google Play Store Antitrust Litigation (Epic v. Google) — Exhibit 8526 · In re Google Play Store Antitrust Litigation (Epic v. Google) · 3:21-md-02981 (CAND), Doc. 888-37, filed 2023-12-21 (page 1)
Excerpt · In Kirsten Rasanen & Samer Sayigh's own words
Policy change goals are to improve payment UX and ensure ecosystem consistency. Even though we have a defensible plan that achieves goals and made progress with many developers impacted, the sense is we'll likely not want to trigger Spotify agitation and associated noise with a policy change. I.e. the risk of likely Spotify agitation may be higher than the (harder to gauge) risk of status quo.
Option Summary:
• Remove Exception – Require exclusive Google Play Billing integration for all digital IAPs; provide generous grandfathering (2 yrs; minimal reqs). Advantage: removes policy ambiguity, improves payment UX, better positions Google to respond to regulatory inquiry. Key Risk: triggers Spotify agitation (high likelihood) and associated noise.
• Keep Exception; Add Requirements. Advantage: partially achieves improved payment UX; new requirements are defensible. Key Risk: draws attention to ambiguous exception, which may prove hard to justify → contagion.
• No Policy Change. Advantage: Google doesn't trigger noise. Key Risk: Regulator may deem exclusive Google Play Billing requirement unnecessary, partly due to current exception; more apps de-integrate Google Play Billing.
Question raised: Is it worth one more chat with Spotify to better assess how displeased they'd be if we changed policy, but provided generous grandfathering (e.g. 2 years and no requirements)? We owe them a response on their grandfathering counterproposal anyhow.
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How this surfaced
- Source type
- Court Exhibit
- Case / record
- In re Google Play Store Antitrust Litigation (Epic v. Google)
- Citation
- 3:21-md-02981 (CAND), Doc. 888-37, filed 2023-12-21
- Date authored
- December 21, 2023
- License
- Public domain
- Original
- View the primary source →
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