He appears to have been commissioned by Epic to analyze the settlement’s modified injunction vs. Judge Donato’s original injunction. “There are some very important pluses, there are some very important minuses,” says Bernheim.
His “main pluses” include:
- “Registered app store program offers low-friction path for stores to get onto users’ phones” (but how does he know it’s low-friction?)
- No fees on competing app stores or the apps they distribute
- Global steering and alternative payment systems, with capped fees
Main minuses?
- Removes the catalog access remedy (Google won’t be forced to offer its apps to other stores)
- Removes the store distribution remedy (Google won’t be forced into store-within-a-store)
- Allows Google to insist on side-by-side billing (app devs would still have to offer Google Play Billing alongside their own)



















































