Lawyers representing Google, the parent company of Alphabet, and Epic Games, the creator of “Fortnite,” are scheduled to present their arguments before a U.S. appeals court in California on Monday. Google is seeking to overturn a jury verdict and a judge’s ruling that required the company to make changes to its app store. Google has claimed that the trial judge in the antitrust case made legal errors that favored Epic Games.
Epic Games had sued Google in 2020, alleging that the tech giant monopolized how consumers access apps on Android devices and how transactions are paid for within apps. A jury in San Francisco sided with Epic Games in 2023, finding that Google had unlawfully restricted competition. As a result, U.S. District Judge James Donato ordered Google to allow users to download rival app stores within its Play store and to make Play’s app catalog accessible to competitors, among other reforms. Google has filed an appeal, and the court has put the order on hold while considering Google’s arguments.
Google has contended that its Play store competes vigorously with Apple’s App Store and criticized the judge for allowing Epic Games to portray Google and Apple as non-competitors in app distribution and in-app payments. The company has also argued that the judge overstepped by issuing an order that affects users and developers nationwide, rather than just Epic Games, accusing him of acting as a “central planner responsible for product design.”
Epic Games has urged the appeals court to reject Google’s arguments, accusing the tech giant of engaging in a long-term strategy to stifle competition among app stores and payment solutions. In response, Epic Games stated that it will continue to advocate for upholding the jury’s verdict and the court’s injunction to hold Google accountable for its anticompetitive conduct.
Microsoft, along with the U.S. Justice Department and the Federal Trade Commission, has supported Epic Games in the case. The 9th Circuit Court of Appeals is expected to issue a ruling later this year, with the possibility of further appeal to the U.S. Supreme Court.
