Google loses appeal in Epic Games case that could crack open the Play store

The US Google Play store has taken another step closer to being cracked open to alternative mobile marketplaces and payment methods after a court rejected the company's appeal against a 2023 ruling that stated it had an illegal monopoly.

An Amicus Brief from the US Court of Appeals for the Ninth Circuit upheld a previous decision from the Epic Games vs. Google case.

Legal win

Last year, a judge ordered that Google must distribute rival marketplaces via the Play store and give them access to its entire catalogue of apps - unless they opt-out.

The tech giant had also been barred from incentivising developers with money or perks to exclusively launch on its store. Meanwhile, Google can’t force its own billing option, with the injunction lasting for three years once it’s implemented.

Google had previously appealed the decision, delaying the opening up of the Play store. It was still forced, however, to stop making deals with other carriers and smartphone firms that prevent competition.

Google may appeal the latest decision to the Supreme Court, as well as request another stay on enforcement of the ruling.

“In challenging the app-store-distribution and catalog-access remedies, Google asks this Court to place unwarranted limitations on a district court’s authority to remedy monopolisation,” read a statement from the judge.

“Considered individually, Google’s arguments are wrong.”

Victory lap

Epic Games CEO Tim Sweeney said the decision represented “total victory” for the company.

Sweeney added that the Epic Games Store for Android will now be coming to Google Play, though no launch date was provided. The marketplace is already available from its website.

Former Federal Trade Commission chair Lina Khan also weighed in on the court’s decision to reject Google’s appeal.

“Important win,” she said. “A court rejected Google’s effort to overturn a unanimous jury verdict finding that Google illegally monopolised key markets.

“The court also noted that digital monopolies can enjoy the fruits of their illegal conduct even after it stops. 

“This means that a remedy may need to go beyond just stopping the illegal behaviour so that the market can truly be opened up to competition.”

The move marks another significant legal win for Epic Games in its legal battles against Apple and Google.

Earlier this year, a judge cracked open the US App Store by allowing publishers to freely link to off-store payments, while also criticising Apple's anticompetitive behaviour.