Google Loses Appeal in Antitrust Case Brought by Epic Games

Google reportedly lost an appeal in which it sought to overturn a ruling in an antitrust case that requires it to make changes to its app store, Google Play.

An appeals court ruled unanimously Thursday (July 31) to reject the tech giant’s argument that the trial judge made errors in the case that was brought by Epic Games in 2020, Reuters reported Thursday.

In its appeal, Google argued that it was unfairly barred from telling a jury it competes with Apple’s App Store and that the case should have been heard by a judge, rather than a jury, because the plaintiff sought to enjoin its conduct, according to the report.

The appeals court wrote that the case was “replete with evidence” that Google had engaged in anticompetitive conduct, per the report.

When Epic Games sued Google, it alleged that the company monopolized how consumers access apps on Android devices and make payments within apps, the report said.

A jury ruled in Epic Games’ favor in 2023, and a judge ordered Google in October to allow users to download rival app stores within Google Play and to make Google Play’s app catalog available to competitors, per the report.

That order was on hold until Thursday’s ruling, according to the report. The ruling can be appealed to another court and all the way to the Supreme Court.

Google told Reuters that it will continue its appeal.

Lee-Anne Mulholland, vice president of regulatory affairs at Google, said in the report that Thursday’s ruling “will significantly harm user safety, limit choice, and undermine the innovation that has always been central to the Android ecosystem.”

In posts on X, Epic Games CEO Tim Sweeney wrote that his company had achieved “total victory” in the appeal and that, “Thanks to the verdict, the Epic Games Store for Android will be coming to the Google Play Store!”

In a separate case, Apple said in April that it would appeal a court’s ruling that it ignored a judge’s injunction that stemmed from the company’s legal battle with Epic Games.

In that case, Epic Games challenged Apple’s tight control over in-app purchases in its App Store.