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Ninth Circuit Upholds Antitrust Verdict, Compels Google to Open Play Store to Competitors

The appeals panel lifted the stay on Judge Donato’s injunction, triggering implementation of sweeping competition requirements for rival app stores, catalog access and alternative billing.

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A logo is pictured at Google's European Engineering Center in Zurich, Switzerland July 19, 2018. Picture taken July 19, 2018.  REUTERS/Arnd Wiegmann/File Photo
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Epic Games Store

Overview

  • The Ninth Circuit unanimously affirmed the 2023 jury finding that Google illegally monopolized Android app distribution and in-app billing.
  • By vacating the administrative stay, Google must allow third-party app stores within its Play Store, grant full catalog access and permit alternative payment systems.
  • Google warned that the court-ordered changes could harm user safety and innovation and said it will seek review by the full Ninth Circuit and the U.S. Supreme Court.
  • Epic Games CEO Tim Sweeney declared a “total victory” and said the Epic Games Store for Android will be launched directly through the Play Store under the new rules.
  • Microsoft, the Department of Justice and the Federal Trade Commission filed supporting briefs in Epic’s favor, underscoring broader regulatory concern over digital marketplace gatekeeping.