Google has lost its appeal at the Ninth Circuit Court of Appeals against a jury verdict and a federal court order from last year that required the company to revamp its Play Store policies. The tech giant has been in a long-running legal battle with Fortnite maker Epic Games, but the new ruling now clears the way for Epic to offer its own app store directly within the Google Play Store.
Judge Margaret McKeown, siding with the lower court’s ruling, wrote: “It is well established that antitrust remedies can and often must proscribe otherwise lawful conduct to unwind and further prevent violators’ anticompetitive activity.”
“The district court had within its basket of remedial powers the authority to require Google to deal with parties harmed by its anticompetitive conduct, including its competitors,” she added.
A jury in December 2023 had ruled in favour of Epic’s claims that Alphabet imposed restrictive Play Store policies and engaged in anti-competitive behaviour, including paying smartphone makers and popular app developers to exclusively use its app store. Following the verdict, US District Judge James Donato ordered Google in October last year to restore competition by allowing rival app stores within the Play Store, offering alternative payment options, and implementing other reforms.
Reacting to the ruling, Epic Games CEO Tim Sweeney wrote on X: “Total victory in the Epic v Google appeal!”
“Thanks to the verdict, the Epic Games Store for Android will be coming to the Google Play Store! It’s already available worldwide from our website,” he added.
Google, meanwhile, in a statement to The Verge, said the decision “will significantly harm user safety, limit choice, and undermine the innovation that has always been central to the Android ecosystem.” The company added: “Our top priority remains protecting our users, developers and partners, and maintaining a secure platform as we continue our appeal.”
What does the verdict mean for the future of the Google Play Store?
The appeals court ruling upholds the federal court’s orders from last year. While Google plans to appeal the case to the US Supreme Court, significant changes are now expected for the Play Store, including:
