Google also pointed to a prior settlement with all 50 states and the District of Columbia, which resolved many of the same claims brought by Epic. Despite this, the district court allegedly prioritized Epic’s requests over broader consumer protections.
Epic’s Response and Broader Legal Context
Epic Games has countered Google’s appeal, calling its arguments misleading and legally baseless. Epic launched the litigation in 2020 after both Google and Apple removed Fortnite from their platforms. The companies acted after Epic introduced direct payments for in-game purchases, bypassing app store payment systems that charge up to 30% in commissions.
While Epic secured a partial victory in its case against Apple under California’s Unfair Competition Law, it failed to prove federal antitrust violations. Post-trial proceedings in that case are ongoing.
Meanwhile, trade groups and cybersecurity experts have filed amicus briefs supporting Google’s position, warning the injunction could disrupt app distribution ecosystems. The U.S. Department of Justice and Federal Trade Commission filed briefs arguing Google misinterpreted legal standards but declined to back either party.
Future of App Market Oversight
Google maintains that its current Play Store policies benefit users and developers, and the injunction would introduce significant risks. As the Ninth Circuit considers the appeal, the case underscores broader questions about antitrust enforcement and the regulation of dominant tech platforms.
