Alphabet Inc.’s Google is urging a federal appeals court to overturn a ruling in an antitrust case brought by Fortnite creator Epic Games. The case challenges Google’s Play Store rules, with the tech giant arguing that the decision would force it to fundamentally change how it operates its app store.
Google’s Arguments Against the Ruling
Google contends that U.S. District Judge James Donato’s decision was flawed and is requesting the lawsuit’s dismissal. The company asserts that Donato failed to recognize its competition with Apple in the smartphone market—a point acknowledged in a prior case where Apple was found not to have violated federal antitrust laws. Google also criticized the decision to hold a jury trial, arguing that the court should have first determined whether its actions were anticompetitive.
A key contention in Google’s appeal is that the ruling would compel the company to work with rival app stores, something it claims is not legally feasible. In a statement, Google said the ruling threatens to undermine its ability to compete with Apple.
Epic Games’ Response
Epic Games disputes Google’s appeal, calling it baseless and reliant on weak arguments. “We will fight to uphold the jury’s verdict and injunction and hold Google accountable for its anticompetitive behavior,” an Epic spokesperson said.
The dispute stems from a December 2023 jury finding that Google violated antitrust laws by excluding competing app stores through revenue-sharing agreements with handset makers like Samsung. In October, Judge Donato followed up by mandating that Google allow developers to establish their own app stores and offer alternative billing options to consumers, reminds NIXSolutions.
Next Steps in the Case
Google describes the case as an extraordinary effort by a competitor to disrupt its Play Store operations and reshape the app marketplace with wide-reaching implications. Judge Donato temporarily stayed his injunction, allowing Google to maintain its current practices while awaiting further decisions. However, the Ninth Circuit Court of Appeals will soon decide whether to extend the stay or require Google to implement changes during its appeal.
Arguments before the Ninth Circuit are scheduled for February 3. We’ll keep you updated as the case progresses.