The Google vs Epic Games case has been a long journey for the two companies, and just when you thought it might be over, Google is now reportedly requesting a reversal of the verdict in its case against Epic from the US Appeals Court.
For those who might be unaware, Google was sued by Epic Games back in 2020 over claims of anti-competitive business practices. It also sued Apple for the same thing in the same year. Epic’s claim with regard to its Google case, was that Google was running a monopoly with the Play Store. More specifically, it claimed Google was monopolizing how users accessed apps, and how users paid for things in those apps.
Google was found guilty in 2023 in its case against Epic for running a monopoly with the Play Store. As such, it was ordered by Judge James Sonato to restructure how the Play Store works. Mainly by telling Google it had to allow rival app stores inside the Play Store for users to download if they so chose. Donato also ordered Google to allow users the choice of how they made in-app purchases.
Google appeals the Epic verdict based on legal errors
According to Reuters who reported on the appeals request, Google is basing its appeal on the fact that legal errors were made in the original judgment. Google’s lawyer Jessica Ellsworth argues that in the original case, Google wasn’t allowed to explain that the Play Store “fiercely competes with Apple’s App Store.” That point may not matter, however.
Judge Danielle Forrest, who is overseeing the appeals case in the 9th US Circuit Court of Appeals, suggests that Ellsworth’s argument isn’t entirely accurate. Forrest tells Ellsworth that there are “clear differences between the Play Store and the App Store.” Continuing by stating that her argument “sort of brushes that aside.” Epic’s lawyer, Gary Bornstein, pushed back against Google’s arguments. Stating that Google has used the Play Store to stifle competition for nearly ten years.
Google could appeal the ruling with the Supreme Court
With the appeals case now underway, it could be a while before a judgment is made in the appeal. Reuters notes that a ruling could be made later this year. However, there’s no timeframe given. Which means it could be months, if not longer. Should Google’s appeal fall flat, it still has additional recourse. It could file another appeal with the Supreme Court.
This would draw out the case even further, though not necessarily result in a different outcome. As of now, Epic is beginning to make inroads with changes to its app store on Android. Having recently reported that it now supports third-party games.
