US judge dismisses Google app store antitrust class action by Canadian users

By Mike Scarcella

March 18 (Reuters) - Alphabet's Google has convinced a U.S. judge to dismiss a lawsuit accusing the company of overcharging Canadian customers for Android apps and other purchases from the Google Play store, ruling that U.S. antitrust law does not apply to the claims.

U.S. District Judge James Donato in San Francisco on Tuesday dismissed a proposed class action by Canadian resident Connor Hurley, who alleged Google’s app store policies led to inflated prices for purchases made by residents of Canada.

Donato said the federal Foreign Trade Antitrust Improvements Act bars Hurley’s claims because the transactions occurred in Canada, generally placing the conduct outside the reach of U.S. antitrust law.

“Overall, this case concerns Canadian consumers purchasing products in Canada,” Donato wrote. The judge said Hurley had not shown U.S. antitrust laws “have any application to conduct within the sovereign state of Canada.”

Google and lawyers for Hurley did not immediately respond to requests for comment.

Hurley’s lawsuit, filed last year, had argued that Google’s commissions on app and in‑app sales caused higher prices in the United States that, in turn, caused higher prices paid by Canadian consumers.

The lawsuit mirrored claims in a case lodged against Google in 2020 by “Fortnite” maker Epic Games. Epic in 2023 won a jury verdict, and Donato, who presided over the trial, later issued a sweeping injunction requiring Google to make changes to its app store.

Epic and Google have since reached a settlement, which is pending approval before Donato.

Hurley’s lawsuit said Google’s terms of service allowed claims by Canadians to be litigated in U.S. courts under U.S. law.

Donato said that Google’s terms of service could not expand the territorial reach of U.S. antitrust laws, and that questions about enforcing the forum provision must be resolved by Canadian courts.

Hurley’s related state claims against Google under California laws were also dismissed.

The case is Connor Hurley v Google, U.S. District Court, Northern District of California, No. 3:25-cv-00883-TSH.

For plaintiff: David Kovel and Robert Gralewski Jr of Kirby McInerney, and Mark Rifkin and Thomas Burt of Wolf Haldenstein Adler Freeman & Herz

For defendant: Jeannie Rhee, William Isaacson, Martha Goodman and Meredith Dearborn of Dunn Isaacson Rhee

Read more:

Google defeats bid for billions of dollars of new penalties in US privacy class action

Google must face consumer antitrust lawsuit over search dominance, US judge rules

US appeals court rejects RNC lawsuit claiming Google email spam filters harmed fundraising

Google defends AI search summaries in Rolling Stone publisher's lawsuit