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.”

The Legal Saga Since 2020

Epic’s battle began in 2020 when it accused Google of imposing heavy restrictions on app developers and charging fees of up to 30% on in-app purchases. Google initially agreed to a jury trial but attempted to backtrack just before proceedings began — a move Judge Donato flatly rejected.

Following a multi-day remedies hearing, Donato imposed a three-year injunction in October 2023 that prohibits Google from signing exclusive distribution deals or paying rivals to stay out of the app marketplace. Google quickly appealed, claiming the injunction was “unprecedented” and “overbroad.”

Appeals Court Shows Little Sympathy for Google

During February’s appeal hearing, Google’s lead counsel Jessica L. Ellsworth of Hogan Lovells attacked nearly every aspect of the trial, arguing Judge Donato misapplied legal standards. The panel, however, appeared skeptical, repeatedly questioning Google’s theories and timing.

On Thursday, Judges McKeown, Danielle Forrest, and Gabriel P. Sanchez upheld the jury’s findings and Donato’s sweeping injunction — rejecting Google’s claims on every front.

Star-Studded Legal Teams

Epic Games was represented by powerhouse lawyers from Cravath Swaine & Moore LLP and Faegre Drinker Biddle & Reath LLP, while Google fielded a massive defense team including attorneys from Munger Tolles & Olson LLP, Hogan Lovells, Morgan Lewis & Bockius LLP, and Milbank LLP.

The ruling ensures that for the next three years, the Android app marketplace will no longer be Google’s exclusive turf — a victory Epic hopes will reshape the mobile gaming ecosystem.