Google asks court to overturn verdict against Epic Games

Google is trying to undo a jury verdict and a judge’s order forcing the tech company to remodel its Play Store.

Back in August 2020, Epic Games filed a lawsuit against Google.

The game developer challenged Google’s monopolistic practices on its Play Store on Android devices and how consumers can access apps and pay for their transactions within apps. In short, Epic Games wanted Google to open up its platform to alternative app stores and payment methods.

In December 2023, a jury ruled that Google violated antitrust laws in maintaining the Play Store as the dominant storefront with Android, its related billing system, and its monopoly through how it made deals with partners using its dominant position on the technology market. Additionally, Google furthered its position by requiring the Play Store to be installed on third-party Android hardware, such as Samsung smartphones and tablets.

The court ordered Google to allow alternate app stores on its Android devices and to make the Play Store’s app catalog available to competitors.

“Today’s verdict is a win for all app developers and consumers around the world. It proves that Google’s app store practices are illegal and they abuse their monopoly to extract exorbitant fees, stifle competition and reduce innovation,” Epic Games responded to the verdict.

Google said it would appeal the court’s decision.

On Monday, Google argued before the San Francisco-based 9th U.S. Circuit Court of Appeals that legal errors had been made in the antitrust case in favor of Epic Games.

According to the Mountain View-based tech company, Google is engaged in a fierce competition with Apple’s App Store. The judge however allowed Epic Games to falsely tell the jury that both companies aren’t competitors for app distribution and in-app payments.

Press agency Reuters states that Google’s lawyers argued that the judge was acting as “a central planner responsible for product design”.

On their end, Epic Games asked the 9th U.S. Circuit Court of Appeals to reject Google’s arguments, accusing the company of a “years-long strategy to suppress competition among app stores and payment solutions”.

Epic Games’ lawyer said in a statement that it will “fight to ensure that the jury’s verdict and the court’s injunction are upheld and Google is held to account for its anticompetitive behavior”.

The court’s ruling will appear later this year. Its decision can be appealed to the U.S. Supreme Court.