Google is appealing a recent court decision that mandates changes to its Android app store.
The tech giant plans to present its case before the 9th U.S. Circuit Court of Appeals in San Francisco, seeking to overturn a jury verdict and subsequent judicial order that found its Play Store operations violated antitrust laws.
In 2020, Epic Games, the developer behind “Fortnite,” filed a lawsuit against Google, alleging that the company monopolised app distribution and in-app payment systems on Android devices.
A San Francisco jury sided with Epic in 2023, concluding that Google’s techniques unlawfully suppressed competition. Following the verdict, U.S. District Judge James Donato instructed Google to implement measures to enhance competition.
These measures include permitting users to download alternative app stores through the Play Store and ensuring that Play’s app catalogue is accessible to competitors. The enforcement of this order is currently suspended pending the outcome of Google’s appeal.
Google contends that the trial court committed legal errors that unfairly advantaged Epic Games. The company argues that its Play Store faces strong competition from Apple’s App Store and that the court improperly allowed Epic to assert that Google and Apple do not compete in app distribution and in-app payments.
Added to this, Google challenges the nationwide scope of the judge’s order, asserting that it oversteps by imposing broad product design mandates.
Epic Games maintains that Google’s activities represent a “years-long strategy to suppress competition among app stores and payment solutions.”
The company says it is committed to ensuring that the jury’s verdict and the court’s injunction are upheld, holding Google accountable for its anti-competitive behaviour.
The case has garnered support for Epic from entities, including Microsoft, the U.S. Department of Justice, and the Federal Trade Commission, all of which have filed briefs backing Epic’s position. A decision from the 9th Circuit is anticipated later this year, with the possibility of further appeal to the U.S. Supreme Court.
Recently, Google appealed a record €4.3 billion fine imposed by the European Union for antitrust violations related to its Android operating system. Google argues that the penalty unjustly punishes its innovation and has requested that the Court of Justice of the European Union overturn the fine.
