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Epic explains why it hasn't sued Nintendo, Sony and Microsoft over 30% fee
(www.gamesindustry.biz)
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So if Google sold its phones at a loss then Epic would have no problem paying the fee? Sure.
The more interesting part of the argument is saying that people will contact Microsoft/Nintendo/Sony for technical support with a game and expect them to help while Apple or Google would send you to the developer.
google isn't the only company selling android phones.
Other Android OEMs are allowed to ship whatever store they want in addition to Google Play. The Epic Games Store is on the Samsung Galaxy Store: https://galaxystore.samsung.com/detail/com.epicgames.portal