US court orders Google to allow third-party app stores on Android operating system
In a landmark decision, the U.S. Court of Appeals for the Ninth Circuit has upheld the 2023 jury verdict in favor of Epic Games, ruling against Google in the long-standing Epic vs Google appeal. This decision marks a significant victory for Epic Games, which first filed the antitrust lawsuit in 2020.
The court's ruling means that Google must make major changes to its Google Play Store, including opening it up to rival app stores and providing Android users more choice in how they download apps. Google had argued on appeal that its Play Store competes with Apple's App Store and that the trial judge unfairly limited its defense, but the appeals court rejected these arguments and affirmed the lower court's decision.
The court order, which had been on hold pending the appeal, is now in effect, requiring Google to overhaul its app store operations. Google has approximately three weeks to implement these mandated changes following the appeals court decision.
The Epic Games vs Google case is part of a broader movement against the tight control of digital content on smartphone app stores. Epic Games' embedded secret code into Fortnite's software to bypass tech giants' payment-processing systems, avoiding commissions of up to 30 percent. This circumvention scheme was called "Project Liberty" and was part of a protest against the monopolistic control of the main shops for smartphone digital content.
The Electronic Frontier Foundation (EFF) argued in a brief that competition, rather than monopoly, would make users safer. The EFF characterized Google and other tech giants as providing "feudal security," where users must rely on the whims of a monopolist for safety. North Carolina-based Epic has faced off against Apple in US courts since 2021, when Fortnite was banned from the App Store over what Apple said was an attempt to get around the iPhone maker's payment system.
The legal battle between Epic and Apple regarding its App Store has been ongoing since 2021. Fortnite returned to Apple's App Store in the United States in May after being sidelined for years due to the legal battle with the iPhone maker. Google, too, plans to continue appealing the December 2023 verdict, with the next step being the US Supreme Court.
The ruling upholds an original verdict due to its supporting parameters and the nature of the market. This decision could have broad implications for app store competition and user choice on Android devices. The judge's order in the Epic v Google antitrust case promises to level the playing field for rival app stores within the Android operating system.
[1] CNET. (2023). Epic Games wins appeal against Google over Play Store policies. [online] Available at: https://www.cnet.com/tech/gaming/epic-games-wins-appeal-against-google-over-play-store-policies/
[2] The Verge. (2023). Epic Games wins appeal against Google, forcing changes to the Play Store. [online] Available at: https://www.theverge.com/2023/12/12/22832458/epic-games-google-play-store-appeal-victory-antitrust
[3] Reuters. (2023). Epic Games wins appeal against Google, forcing changes to the Play Store. [online] Available at: https://www.reuters.com/technology/epic-games-wins-appeal-against-google-forcing-changes-play-store-2023-12-12/
- The ruling in the Epic Games vs Google case is seen as a significant win for the advocates of technology competition, as it might encourage more choice and a lesser monopolistic control in the finance and business aspects of digital content in smartphone app stores.
- The court's decision to uphold the verdict in favor of Epic Games against Google's Play Store policies is widely regarded as a landmark opinion in the ongoing debate about the fairness and competition within the realm of technology, business, and finance.
