Google has lost its appeal against a ruling in the case against Epic Games. The Play Store will need to allow third-party app marketplaces.
Epic Games sued Apple and Google in 2020, following the removal of Fortnite from both stores, after the game used third-party payment methods. Epic's case against Apple didn't really go its way. But the lawsuit against Google unearthed several revenue sharing deals that the Mountain View company had made with OEMs.
In late 2023, a jury found Google guilty of using anticompetitive practices to build an illegal app store monopoly on Android. Google had appealed the ruling. Last year, Judge James Donato issued a final ruling. Among other things, he had ordered Google to allow third-party payment options on the Play Store, and open up the Play Store to other app markets for three years. However, Google had appealed had against the latter, and the Judge decided to pause the decision while the company was appealing against the verdict.
Now, a three-judge panel of the Ninth Circuit Court of Appeals, said that it would not turn the decision ruled by the lower court, and also denied the stay motion related to third party app stores on the Play Store. Epic Games Founder and CEO, Tim Sweeney, called the decision a Total victory. He also said that the Epic Games Store for Android will be available on the Google Play Store soon, it's worth noting that Epic's app is already available for side-loading worldwide. Fortnite also returned to iOS/iPadOS recently.
The Verge reports that Google will appeal once again. A statement from the search giant said that it believes the decision will harm user safety, limit choice, and undermine the innovation that has been central to the Android ecosystem.
How would allowing more app stores limit choice? It literally increases the options available for users.
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