Alphabet’s Google on Thursday failed to influence a US appeals panel to overturn a jury verdict and federal courtroom order requiring the expertise firm to revamp its app retailer Play.
The San Francisco-based ninth US Circuit Court docket of Appeals, in a unanimous ruling, rejected claims from Google that the trial choose made authorized errors within the antitrust case that unfairly benefited “Fortnite” maker Epic Video games, which filed the lawsuit in 2020.
The document in Epic’s lawsuit was “replete with proof that Google’s anticompetitive conduct entrenched its dominance,” wrote Circuit Choose M. Margaret McKeown, joined by Circuit Judges Danielle Forrest and Gabriel Sanchez.
The ruling was a blow to Google because the tech big faces lawsuits on a number of fronts, together with a case by the US Justice Division, alleging completely different points of its enterprise violate antitrust regulation.
Epic in its case accused Google of monopolizing how shoppers entry apps on Android units and pay for transactions inside apps. The Cary, North Carolina-based firm satisfied a San Francisco jury in 2023 that Google illegally stifled competitors.
US District Choose James Donato in San Francisco ordered Google in October to revive competitors by permitting customers to obtain rival app shops inside its Play retailer and by making Play’s app catalog accessible to these opponents, amongst different reforms.
Donato’s order was on maintain pending the end result of the ninth Circuit enchantment. The courtroom’s choice could be appealed to the complete ninth Circuit and finally to the U.S. Supreme Court docket.
In an announcement, Lee-Anne Mulholland, Google’s vice chairman of regulatory affairs, mentioned the appeals courtroom’s ruling “will considerably hurt consumer security, restrict alternative, and undermine the innovation that has all the time been central to the Android ecosystem.”
The corporate mentioned it could proceed to deal with “making certain a safe platform as we proceed our enchantment.”
Epic CEO Tim Sweeney mentioned in a social media publish: “Because of the decision, the Epic Video games Retailer for Android can be coming to the Google Play Retailer!”
Google instructed the appeals courtroom that the tech firm’s Play retailer competes with Apple’s App Retailer, and that Donato unfairly barred Google from making that time to contest Epic’s antitrust claims.
The tech firm additionally argued {that a} jury ought to by no means have heard Epic’s lawsuit as a result of it sought to enjoin Google’s conduct — a request usually determined by a choose — and never gather damages.
The appeals courtroom panel mentioned Donato “performed intensive proceedings earlier than issuing the injunction and the accompanying order.”
Epic has defended the decision and courtroom injunction, telling the ninth Circuit judges that the Android app market has been “struggling underneath anti-competitive conduct for the higher a part of a decade.”
Within the trial courtroom and within the enchantment, Epic disputed arguments by Google that adjustments to its app enterprise ordered by the courtroom would hurt consumer privateness and safety.
Microsoft filed a quick backing Epic, as did the US Justice Division and Federal Commerce Fee.
Epic individually is battling Apple over a US choose’s order requiring the iPhone maker to provide builders better freedom to steer shoppers to make purchases exterior its App Retailer.
Apple has appealed a ruling that mentioned it violated a previous injunction in a lawsuit that Epic filed in 2020.
© Thomson Reuters 2025