In a seismic ruling, the Ninth Circuit on Thursday upheld Epic Games’ 2023 antitrust jury trial victory, cementing a three-year injunction that forces Google to open its Google Play store to competitors. The decision marks a pivotal moment in the long-running legal war between the Fortnite maker and the tech giant, confirming that Google unlawfully monopolized the Android app-distribution market.
The unanimous three-judge panel found no fault in the lower court’s decision to allow Epic’s claims before a jury — despite Google’s last-minute push for a bench trial. Jurors had already determined in December 2023 that Google’s conduct illegally restrained trade, and U.S. District Judge James Donato later ordered sweeping reforms to break Google’s chokehold on Android app distribution.
Google vs. Epic: Divergent Paths From Apple Case
Google argued that the ruling conflicted with Epic’s parallel antitrust case against Apple, where the court determined Apple and Google compete in the same market. But Judge M. Margaret McKeown, writing for the panel, dismissed that comparison, stressing that Google’s conduct in the “single-brand aftermarket” of Android warranted separate scrutiny.
“Google homes in on the finding in Epic v. Apple that Apple and Google are competitors,” Judge McKeown noted. “That does not preclude an independent analysis of the distinct market relationship between Epic and Google.”
