‘Unless overturned, the order will…’: Google appeals to US court to overturn Play Store verdict

Google has appealed a court ruling that requires significant changes to its Play app store. The tech giant took its case to the 9th US Circuit Court of Appeals, claiming the judge made “legal errors” that unfairly favored “Fortnite” creator Epic Games.
“This case involves an extraordinary attempt by a single competitor to use federal justice to restructure the day-to-day operations of Google’s app store, Google Play, and unilaterally reshape markets with consequences for millions of non-parties,” a said Google. in its file.
Google argues that the mandated redesign of Google Play and its Android operating system will harm both app developers and consumers.
“If not overturned, the injunction and the underlying liability judgment will directly undermine Google’s efforts to compete with Apple and the iPhone, a competitive dynamic that has spurred innovation and brought tangible benefits to consumers around the world,” he said. added Google.

What is the case of Google vs Epic Games

The legal battle between the two companies stems from a 2020 lawsuit filed by Epic Games, accusing Google of monopolizing app distribution and in-app payments on Android devices. A jury in San Francisco sided with Epic, finding that Google had unlawfully suppressed competition.
Based on the jury’s verdict, US District Judge James Donato ordered Google to allow users to download competing app stores from Google Play and to make the Play app catalog accessible to those competitors. That order, which was supposed to be in place for three years, is currently on hold pending appeal.
In its filing, Google pointed out that the court-ordered changes to its app store would negatively impact millions of users, arguing that the changes would introduce new security risks and infringe on the intellectual property rights of countless app developers.

Google attacks Epic Games

In its appeal, Google argues that the case should not have gone to trial because Epic sought an injunction rather than monetary damages. Google also claims that the judge unfairly allowed Epic to portray Google and Apple as non-competitors in the app distribution and payment space.
“There is no finding that the terms of the States’ settlement do not fully cure any Epic Case injury claim that was rooted in the same challenged conduct. Notably, the District Court did not even address whether Epic had Article III standing to seek injunctive relief,” the company said.
Additionally, Google opposes the order’s nationwide scope, saying it should only apply to Epic Games.
“It is time for this Court to step in. The jury’s verdict rests on an impermissible foundation, given the District Court’s series of independent reversible legal errors before and during trial. And the resulting ordinance is independently unprecedented, unwarranted, and illegal. This court should reverse,” the tech giant added.
The 9th Circuit Court of Appeals will hear oral arguments in the case on Feb. 3, and a ruling is expected sometime next year.

What Epic Games has to say

Epic Games, in response, dismissed Google’s appeal as a “meritless” attempt to avoid compliance with the jury’s decision.
“This meritless appeal is Google’s desperate attempt to avoid complying with the jury’s unanimous decision,” Epic said in a statement, according to the Reuters news agency.