Lawyers for Google, a subsidiary of Alphabet, and Epic Games, the developer behind Fortnite, are scheduled to meet in a California appeals court on Monday. The proceedings will focus on Google’s challenge to a jury decision and a judge’s ruling that require the company to make significant changes to its app store.
In documents submitted to the 9th US Circuit Court of Appeals in San Francisco, Google contends that the trial judge committed legal errors that unduly favored Epic Games in their antitrust lawsuit.
Epic Games initiated legal action against Google in 2020, alleging that the tech giant monopolizes app access on Android devices and controls how users pay for in-app purchases. In 2023, a jury in San Francisco sided with Epic, concluding that Google engaged in practices that hindered fair competition.
In October, US District Judge James Donato mandated that Google take measures to foster competition, including allowing users to download alternative app stores through its Play Store and increasing access to its app catalog for competitors. This ruling is currently paused while the 9th Circuit reviews Google’s appeal.
Google asserts that its Play Store competes robustly with Apple’s App Store. The company argues that Judge Donato improperly allowed Epic to present to the jury the notion that Google and Apple do not compete in app distribution and in-app transactions.
Furthermore, Google contends that the judge overstepped by issuing a ruling that impacts users and developers across the nation rather than just addressing the concerns raised by Epic. The company suggested that the judge assumed the role of “a central planner responsible for product design.”
In response, Epic has urged the 9th Circuit to dismiss Google’s claims, branding the company’s actions as part of a “years-long strategy to suppress competition among app stores and payment systems.”
Epic expressed its commitment to uphold the jury’s verdict and the court’s injunction, emphasizing the importance of holding Google accountable for its alleged anti-competitive actions.
Support for Epic has also come from Microsoft, alongside a brief from the US Justice Department and the Federal Trade Commission.
A ruling from the 9th Circuit could be expected later this year, and any decision made may potentially be appealed to the US Supreme Court.
© Thomson Reuters 2025
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