Compensation Claim Against Google for Android Store Delay


Our EU-based business has experienced an estimated financial loss of €50,000 because of a delayed product launch on the Google Android store. This delay led to a conflict with a prepaid social media campaign aligned with the expected launch date. The delay was a result of Google's failure to approve our app, and no explanation was communicated during the two-week waiting period.

Considering this situation, can our business pursue a compensation claim against Google under the provisions of the Digital Markets Act that govern approval processes and communication obligations with business users? Moreover, can we investigate whether Google holds the status of a gatekeeper according to the Digital Markets Act's requirements, which may underlie such a claim?

Executive Summary

In responding to the potential for compensation claims against Google under the DMA for app approval delays, the key legal considerations are summarized below:

  • Gatekeeper Designation: Google likely meets the DMA’s criteria for a gatekeeper, given its significant market influence and the Android store’s status as a core platform service. This classification imposes specific conduct obligations on Google, potentially relevant to the delay your business experienced.
  • Obligations and Enforcement: Google, as a gatekeeper, must adhere to DMA obligations relating to fairness in app approval processes. If these were not met, your business might argue for a compensation claim based on Google’s non-compliance.
  • Reporting and Action: The DMA allows businesses to report suspected non-compliance to authorities. This can be a first step towards resolving disputes and underscores the structured approach to enforcement within the DMA framework.
  • Demonstrating Loss: For a compensation claim, it is crucial to demonstrate a direct link between Google’s actions and your financial loss. Addressing Google’s status and behavior within the DMA’s guidelines would be a key part of such a claim.

This succinct overview encapsulates your options for recourse through the gates of the DMA in the aftermath of a delayed product launch due to the gatekeeper’s potential non-compliance.


  1. App Nature: We will assume the app is a standard business software application without any special functionality that could categorize it under a more regulated or sensitive bracket which could affect the approval timeframes.
  2. Communication Record: We assume there was an expected communication protocol outlined by Google which was not adhered to, leading to no explanation about the approval delay.
  3. Google’s Policies: We will assume standard Google Android store policies were in place, which are known to business users utilizing the platform and include timelines and communication requirements for app approval processes.
  4. Prior Agreements: We will assume there were no special agreements or SLAs regarding approval timelines or communication expectations beyond the standard Google Android store policies.
  5. Regulatory Framework: We will assume the DMA is applicable as the regulatory framework, given the user’s explicit mention and request to analyze the situation under the DMA’s provisions.