Epic Games and the 30% Fee: Understanding the Lack of Litigation Against Console Giants

Epic's decision not to pursue similar legal action against console manufacturers like Nintendo, Sony (PlayStation), and Microsoft (Xbox), despite them also charging a 30% commission.

By: Ember Hartley    Updated: December 04, 2023
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Epic Games, the developer behind the immensely popular game Fortnite, has been in the limelight for its legal battles against major mobile platform holders, Google and Apple. This conflict revolves around the contentious 30% fee that these companies charge on all sales and in-app transactions, as well as Apple’s closed ecosystem policy. However, a striking aspect of this saga is Epic’s decision not to pursue similar legal action against console manufacturers like Nintendo, Sony (PlayStation), and Microsoft (Xbox), despite them also charging a 30% commission.

The Distinctive Nature of Console Markets

Epic’s Chief Financial Officer, Randy Gelber, provided insights during the Epic vs. Google trial that help demystify this selective legal stance. Gelber emphasized that the company perceives the console markets as competitive and their cost structures as fundamentally different from mobile app stores.

The Subsidization Factor

A key factor in this differentiation is the subsidization of hardware. Console manufacturers often sell their gaming hardware at a loss, expecting to recoup and profit from the sales of games and other digital content. This practice justifies the 30% fee as a means to offset the hardware subsidization. In contrast, mobile apps, being typically smaller in size and having different operational costs, don’t necessitate such high fees from the platform’s perspective.

Revenue Models and Negotiations

The revelation that Epic Games pays a standard 30% commission to all three major console platforms, despite Fortnite’s significant earnings, adds another layer to this narrative. Typically, major revenue generators like Fortnite, which amassed about $5 billion in 2018 on PlayStation alone, might negotiate reduced commission rates. For example, Activision negotiated an 80-20 split in favor of Call of Duty with Xbox, leveraging the game’s massive popularity.

The Google and Apple Dispute Context

It’s important to note that Epic’s legal battles with Google and Apple are not just about the 30% fee but also involve issues like Apple’s closed ecosystem, which doesn’t allow third-party app stores. This aspect of the dispute highlights a broader debate about market control and consumer choice in digital marketplaces.

Implications and Industry Perspectives

Epic’s decision not to sue console makers while aggressively pursuing legal action against Google and Apple raises questions about market dynamics and fairness in digital storefronts. The complexity of these relationships illustrates the nuanced nature of digital marketplaces and the challenges in balancing the interests of platform owners, developers, and consumers.

The Future of Digital Marketplaces

As the digital landscape evolves, these discussions will likely shape the future of how digital content is distributed and monetized. The outcomes of Epic’s legal battles could set precedents affecting not only game developers but also the broader ecosystem of digital goods and services.

Conclusion: A Tangled Web of Digital Economics

Epic Games’ selective legal strategy against platform holders illustrates the intricate economics of digital marketplaces. The company’s stance reflects a recognition of the unique economic models underlying different platforms, highlighting the complexities of the digital economy. As the industry continues to evolve, these issues will remain at the forefront of discussions about fairness, competition, and innovation in digital distribution.