Utah Attorney General Sean Reyes is leading a multistate antitrust suit against Alphabet Inc.’s Google, claiming the tech company takes advantage of app developers and engages in anti-competitive business practices. The lawsuit asserts the tech company captured unreasonable commission on developer revenue in the Google Play Store and hurt consumers by limiting their choices and driving up app prices. The filing also says Google intentionally makes sideloading difficult and inefficient for users to download apps from third-party sites.

Not only is the lawsuit riddled with errors in fact and law, it’s also a sinking ship due to a federal court’s recent ruling in Epic Games v. Apple, a suit premised on almost identical reasoning. Irritated by the 30% cut Apple receives from purchases made in the app store and no options for sideloading, Epic Games implemented an Apple App Store bypass for its most popular game, Fortnite, that prompted Apple to block the game from the iOS App Store.

In response, Epic Games filed a lawsuit alleging Apple was engaging in monopolistic practices by requiring a 30% cut of revenue. The judge concluded that Apple does not hold a monopoly in the digital mobile gaming market under federal or state antitrust laws.

Epic Games v. Apple disqualified more extensive claims about anti-competitive app store conduct than those Attorney General Reyes has raised in his case against Google. Unlike Apple, Google does not mandate the use of the Google Play Store on Android devices and allows sideloading, allowing users to download apps from third-party marketplaces if they choose. This major distinction alone shows Google plays fair in the app store market.

Attorney General Reyes argues that Google imposes “unnecessary fees far beyond the market rates for in-app transactions, unlawfully inflating costs for many services” and that Utah and other states are fighting back to protect citizens and app developers from Google’s unlawful practices. However, it has been noted that app developers generally pay the same fee — 30% of profits — or more to have their products hosted on a range of platforms and both Apple and Google have reduced fees for companies that earn less than $1 million annually to 15%. Plus, Google charges less than one-tenth percent of developers’ commissions altogether. These indications prove Google is not charging arbitrary commission that results in imposing damage on consumers or developers.

Epic Games v. Apple establishes a probative and persuasive precedent that could be relied upon in the upcoming case against Google. And, if Attorney General Reyes and his colleagues decide to pursue this politically motivated endeavor, they should be prepared to throw away taxpayer dollars on a largely duplicative case.

Looking beyond the claims put forth in this frivolous lawsuit, Google benefits small businesses, app developers and consumers alike. Small businesses and developers tap into Google’s reach in the marketplace when they host their app on the Google Play Store to reach an exponentially larger audience and piggyback off Google’s trusted reputation, a feat that would be unfeasible alone. And as one of the largest and most well-known platforms, consumers trust and rely on Google for ease, protection and seamless connection to many innovative apps. Developers and consumers both choose to freely use Google for collective benefits that cannot be achieved independently. Given that there is consumer choice and alternatives in the marketplace (like Apple’s App Store), Attorney General Reyes’ fundamental claim that Google holds a monopoly over this sector is deeply misplaced.

In filing this lawsuit, Attorney General Reyes has chosen to target the very industry that is boosting Utah’s economy. Utah’s up-and-coming tech community, known as the “silicon slopes,” relies on Google Play to host numerous Utah-specific apps for everything from health care to tourism. If Attorney General Reyes truly prioritizes Utahns, he should steer away from this suit and not waste taxpayer money attacking the very industry that brings renewed energy and innovation to Utah’s economy.

It’s not too late — Attorney General Reyes should look closely at the Epic ruling and withdraw his lawsuit before his case suffers an epic defeat.

Suzanne Gleed is the president of SGW Investments.