Google Seeks to Overturn App Store Verdict in US Appeals Court.
Alphabet’s Google is set to face off against Epic Games in a U.S. appeals court on Monday, as it attempts to reverse a jury verdict and a judge’s order requiring major changes to its app store practices. The case, being heard by the 9th U.S. Circuit Court of Appeals in San Francisco, stems from a 2020 lawsuit filed by Epic Games, the maker of Fortnite, accusing Google of monopolising the app distribution and payment systems for Android devices.
In 2023, Epic successfully convinced a San Francisco jury that Google had unlawfully stifled competition. As a result, U.S. District Judge James Donato ordered in October that Google must allow users to download rival app stores within its Play store, and make its app catalog accessible to competing stores. However, this order is currently on hold as the 9th Circuit considers Google’s appeal.
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Google’s legal team argues that the trial judge made significant legal errors in the case. The tech giant has claimed that its Play store competes directly with Apple’s App Store and that Donato wrongly allowed Epic to tell jurors that Google and Apple do not compete in the app distribution and in-app payments space. Google also objects to the nationwide scope of Donato’s ruling, which affects not just Epic but all users and developers. The company argued that the judge’s order amounts to "a central planner responsible for product design."
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Epic Games has countered Google’s arguments, accusing the company of engaging in a “years-long strategy to suppress competition among app stores and payment solutions.” In a statement, Epic said, “We will fight to ensure that the jury’s verdict and the court’s injunction are upheld and Google is held to account for its anticompetitive behaviour.”
Microsoft has filed a brief in support of Epic, as have the U.S. Justice Department and the Federal Trade Commission.
The 9th Circuit is expected to issue a ruling later this year, and any decision could be appealed to the U.S. Supreme Court.
