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Ninth Circuit Upholds Epic Games Ruling Forcing Google to Open Play Store

A Ninth Circuit decision lifted the stay on an injunction requiring Google Play to accept rival stores, alternative billing options pending an appeal to the Supreme Court.

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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

  • A three-judge Ninth Circuit panel unanimously affirmed a December 2023 jury verdict that found Google’s Play Store and billing practices illegal and rejected Google’s appeal arguments.
  • Judge James Donato’s October 2024 injunction, now set to take effect, obliges Google to allow rival app stores inside Play, grant them full catalog access and permit non-Google billing for three years.
  • Amicus briefs from Microsoft, the U.S. Justice Department and the Federal Trade Commission backed Epic’s challenge against Google’s restrictive distribution agreements.
  • Epic Games CEO Tim Sweeney hailed the decision as a “total victory” and announced plans to distribute the Epic Games Store through Google Play rather than by sideloading.
  • Google plans to seek an en banc Ninth Circuit review and a Supreme Court appeal, warning that the mandated reforms could undermine user safety and innovation in the Android ecosystem.