Google suffered a major legal setback after the 9th U.S. Circuit Court of Appeals upheld a ruling that the company engaged in anticompetitive practices through its Play Store. Circuit Judge M. Margaret McKeown, joined by Judges Danielle Forrest and Gabriel Sanchez, wrote that the case record was “replete with evidence that Google’s anticompetitive conduct entrenched its dominance.”
The decision marks a key win for Fortnite developer Epic Games, which has accused Google of monopolizing how Android users access apps and make in-app purchases. A San Francisco jury sided with Epic in 2023, finding that Google had unlawfully stifled competition.
In response, U.S. District Judge James Donato ordered Google to restore market competition by allowing users to download rival app stores within the Play Store and requiring Google to share its app catalog with those competitors. That injunction had been on hold pending appeal.
Epic’s victory comes as Google faces mounting antitrust scrutiny, including a separate case from the U.S. Department of Justice targeting other areas of its business. Microsoft, the Justice Department, and the Federal Trade Commission all filed briefs supporting Epic’s position in the Play Store case.
Google argued that the Play Store competes with Apple’s App Store and that it was unfairly barred from presenting that defense during trial. It also claimed Epic’s lawsuit should have been decided by a judge, not a jury, since it sought injunctive relief rather than damages.
The appeals panel rejected those arguments, noting that Judge Donato conducted “extensive proceedings” before issuing the injunction.
As part of the upheld order, Google must stop paying developers to release apps exclusively on its platform, allow developers to direct users to alternative payment methods, and open its Play Store to third-party app stores—reforms that will take effect starting November 1 for a period of at least three years.
Despite the ruling, Google said it plans to continue its appeal and will ask the courts to delay implementation of the changes. Lee-Anne Mulholland, Google’s VP of regulatory affairs, warned the decision could “significantly harm user safety, limit choice, and undermine innovation” on Android.
Epic CEO Tim Sweeney celebrated the ruling on social media, announcing: “Thanks to the verdict, the Epic Games Store for Android will be coming to the Google Play Store!”
Epic is also engaged in a separate legal battle with Apple over similar antitrust issues related to its App Store.
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