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New Delhi: A panel of judges from the United States Court of Appeals for the Ninth Circuit has upheld a 2023 jury verdict and court order in favour of Epic Games in its antitrust case against Google, according to the report.
The panel affirmed that the Google Play Store and its associated billing system amounted to an illegal monopoly. The judges found that the remedies and injunction issued by the lower court were appropriate and supported by the trial record and the nature of the market.
The court rejected Google’s argument that Epic lacked the standing to seek nationwide injunctive relief, as well as the tech giant’s position that a separate antitrust decision in Epic’s lawsuit against Apple should have prevented a different market definition in the Google case.
As per the report, further, the panel concluded that the lower court had not erred in allowing a single jury trial in 2023 to cover both Epic’s equitable claims and Google’s damages counterclaims. It also upheld the jury instructions provided during the trial.
Epic Games filed its lawsuit in 2020 after Google removed Fortnite from the Play Store for bypassing Google’s billing system through direct in-app payments.
The jury found that Google had violated federal and California antitrust laws by wilfully acquiring and maintaining monopoly power in the Android app distribution market. It also determined that Google had tied its app store and billing system in a coercive manner, according to the report.
In October 2024, a three-year injunction was issued, barring Google from offering financial incentives to app developers, distributors, OEMs, or carriers for promoting the Play Store. The order also requires that developers be permitted to inform users about alternative billing and distribution options.
Google appealed both the verdict and injunction in early 2025. Oral arguments were heard by a three-judge panel in February 2025. The appellate court has now upheld the entire lower court decision.