Google is seeking a court decision that mandated changes in its Android software, forcing it to revise the Play Store.
Google Seeks to Reverse Play Store Verdict
The search engine giant has resorted to vacating a jury verdict and subsequent judicial order that would force the company to make significant changes to its Play Store and Android ecosystem.
The company said the trial judge made critical legal errors that unfairly tipped the case in favor of Epic Games, maker of the popular game "Fortnite," Reuters reported.
Arguing before the San Francisco-based 9th US Circuit Court of Appeals, Google countered that the "dramatic redesign" of its platforms mandated by the ruling would disrupt both app developers and consumers.
Epic Games fired back at Google, saying it relied on "flawed arguments" already rejected by the jury.
Epic's Lawsuit: Allegations of Monopoly Power
Epic Games filed its complaint against Google in 2020, accusing the company of monopolizing app distribution and payment systems on Android. The case was based on the grounds that Google's policies choked off competition and limited the choices of consumers.
In 2022, a San Francisco jury ruled in favor of Epic Games, leading US District Judge James Donato to call for sweeping reforms. This includes allowing rival app stores on the Play platform and ensuring Play's app catalog is accessible to competitors.
The reforms are currently on hold pending appeal as they were meant to last for three years.
Google Challenges Scope of the Ruling
Google's appeal asserts that the jury should not have heard Epic's case at all, because the suit sought to enjoin specific practices rather than to recover damages. It also faults Judge Donato for allowing Epic to make the argument that Google and Apple do not compete in the business of distributing apps, which Google hotly disputes.
Moreover, Google believes that the injunction nationwide infringes upon judicial authority. The company claims Donato is playing the role of a "central planner responsible for product design," diminishing the rights of developers who build applications and businesses depending on Android.
What's Next for Google and Epic Games?
The appeals court is to hold oral arguments on February 3 and is likely to render its decision sometime later in 2024. If it's a success, the appeal may even put the proposed changes in the Google Play Store and its Android operating system to a stop.
On the other hand, the ruling of Epic could consolidate stricter antitrust measures within the tech industry and thus pave the way for similar future cases.
Impact on Developers and Users
The case has far-reaching implications for app developers, users, and the rest of the tech industry. A successful appeal by Epic could end up opening up app ecosystems to greater competition, although Google warns such changes could interrupt the seamless integration that developers and consumers alike currently enjoy.
Aside from Google, Epic Games was locked in with another tech giant. Back in March, the European Union said that Apple violated a rule by blocking Epic Games' app store.
Tim Sweeney, the CEO of Epic Games alleged the Cupertino giant of violating a rule under the Digital Markets Act.
