Epic verdict: Google appeals in the USA

Google is appealing against the judgment of the first instance in an antitrust case in the USA initiated by Epic Games. Based on Google's competitor Epic, the Android publisher was ordered by a judge to make extensive changes to its Play Store. This involved allowing app marketplaces in which developers can also offer their customers payment systems other than Google's.

Before a federal appeals court, Google's lawyers are now denouncing several procedural flaws, reports the US financial news agency Bloomberg. For example, the judge of the competent district court did not take sufficient account of the fact that Google is in competition with Apple and that the ordered opening of Google's ecosystem would put the company at a significant competitive disadvantage. Google is also of the opinion that the case should have been decided by the judge himself and not by a jury. The search engine provider also complains that it is not legally obliged to cooperate with competing app stores.

Agreements with Samsung and others

The legal dispute began in August 2020 with a lawsuit filed by game manufacturer Epic, which publishes Fortnite, among others. At the time, Epic had antagonized the two major app store providers Apple and Google by introducing its own payment system in its app. Epic wanted to send out a signal against what it considered to be excessive levies on the two and the anti-competitive influence that app store providers are said to have on the industry.

While a similar lawsuit brought by Epic against Apple was largely lost, the jury ruled in December 2023 in Google's case that the Android developer had violated antitrust law. Google was found guilty of collusion worth billions with device manufacturers such as Samsung. Google had given them a share of the revenue from Play Store sales if they agreed to give preference to the Play Store on their devices.

Judgment suspended for the time being

District Judge James Donato has suspended his judgment for the time being. It is now up to the Court of Appeal in San Francisco to decide how to proceed. Either it suspends the judgment during the appeal proceedings. Or it will demand immediate enforcement, even if the appeal hearing runs in parallel. A first hearing has been scheduled for February 3, 2025.

Meanwhile, Epic filed further lawsuits against Google and Samsung in September. The games manufacturer accuses both of illegally conspiring against third-party app stores.

(mki)