The Ninth Circuit Court of Appeals has upheld the decision in the Epic vs Google lawsuit, which began in 2020 and in late 2023 found that the Play Store and associated payment systems are monopolies. What does Epic co-founder and CEO Tim Sweeney think? “Total victory in the Epic v Google appeal!“
Google can still appeal to the Supreme Court, and says it will, but the decision means that the tech giant has to adhere to the original judgement: which limits Google’s ability to pay phone manufacturers to ship handsets with the Play Store pre-installed, forces it to allow third-party app stores on Android, and stops it railroading developers into using Google’s payment systems.
There’s an additional kink, which no doubt has Sweeney licking his chops and declaring justice for all. Any third-party app store has to be given “catalog access” to apps available in the Play Store to ensure they can offer a truly competitive alternative.
“Thanks to the verdict, the Epic Games Store for Android will be coming to the Google Play Store,” says Sweeney, adding for good measure that the “Epic Games Store for PC already carries several other PC stores [such as] itch.io & GOG Galaxy.”
As for Google, it ain’t happy. “This decision will significantly harm user safety, limit choice, and undermine the innovation that has always been central to the Android ecosystem,” Google’s Lee-Anne Mullholand told Engadget. “Our top priority remains protecting our users, developers and partners, and maintaining a secure platform as we continue our appeal.”
The Epic vs Google lawsuit began when Epic played the provocateur and circumvented Google’s payment system in a Fortnite update: Google instantly yoinked Fortnite from the Play Store, and Epic sued. Yes, pretty much exactly the trick Epic pulled with Apple and the App Store. But it’s had better luck with Google, trumpeting its 2023 victory as “a win for all app developers and consumers around the world.”
Google now has eight months to prepare before allowing third-party stores on Android, while both companies are required to name members of a Technical Committee to oversee the tech giant’s compliance. This verdict also overturns an administrative stay granted in October 2024: Google may not like this verdict, and will continue to appeal, but it has to start playing ball.
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