Google Appeals Ruling Overhaul of Play Store in Epic Games Lawsuit

Google has asked a U.S. appeals court to overturn a jury verdict and a subsequent order from a district judge that mandates significant changes to its Play Store. The appeal, filed Wednesday, argues that the trial court’s decision to overhaul Google’s app distribution and payment practices was flawed and unfairly benefited Epic Games, the maker of Fortnite, which brought the lawsuit against the tech giant.

According to Reuters, Google contends that the trial judge made critical legal errors that unfairly supported Epic’s case. The company argues that the changes required by the court, including a “dramatic redesign” of Google Play and its Android operating system, could negatively impact both app developers and consumers. In its court filing, Google emphasized the potential harm to the wider ecosystem if such sweeping changes are enforced.

Epic Games, for its part, dismissed Google’s appeal, calling it an attempt to evade compliance with a unanimous jury verdict. The company stated that Google’s arguments had already been rejected by the jury during the trial. “This meritless appeal is Google’s desperate attempt to avoid complying with the unanimous jury decision,” Epic Games said in a statement on Wednesday.

Related: Epic Games Files Fresh Antitrust Lawsuit Targeting Google and Samsung

The legal battle stems from Epic’s 2020 lawsuit accusing Google of maintaining a monopoly over app distribution and in-app transactions on Android devices. Epic, based in Cary, North Carolina, argued that Google stifled competition in violation of antitrust laws. Last year, a San Francisco jury sided with Epic, and in October, U.S. District Judge James Donato issued a ruling that required Google to make several reforms to its Play Store. These included allowing users to download rival app stores and making Play’s app catalog available to these competitors, among other changes.

The ruling, which is set to remain on hold while under review, would affect Google’s practices for three years. In its appeal, Google claims that the trial judge wrongly permitted the jury to hear Epic’s lawsuit, which sought to impose an injunction rather than damages. The company also criticized the judge’s decision to allow Epic to argue that Google and Apple were not competitors in the app distribution and payment sectors. Google contended that Judge Donato overstepped by issuing a nationwide injunction that impacted not only Epic but also other users and developers.

Per Reuters, the 9th U.S. Circuit Court of Appeals, based in San Francisco, will hear oral arguments on the case on February 3, 2024. A ruling is expected to follow later in the year, which could have far-reaching implications for Google’s app store policies.

Source: Reuters