On September 24, Google made a significant move by requesting the U.S. Supreme Court to intervene and pause a lower court’s ruling that mandates alterations to its app store policies. The tech giant expressed concerns that these changes could lead to “irreparable harm” to both Google and the broader Android ecosystem.
Background of the Case
The ruling in question emerged from an antitrust lawsuit filed by Epic Games, which was decided in July. This decision requires the Google Play store to eliminate restrictions that currently prevent developers from establishing their own marketplaces and billing systems. According to reports from Bloomberg, this order is scheduled to take effect on October 22.
Epic Games spokesperson Natalie Munoz articulated the company’s stance, stating, “Google continues to rely on flawed security claims that have been rejected by a jury of Americans and the 9th Circuit Court of Appeals to protect their control over Android devices. The court’s injunction should go into effect as ordered so consumers and developers can benefit from competition, choices, and lower prices.”
Epic’s lawsuit contended that Google monopolized the way consumers access apps on Android devices and manage in-app payments. Following a month-long trial, a jury found in December 2023 that Google’s app store indeed held a monopoly in the Android app distribution and payments market.
Details of the Ruling
In October 2024, a judge ruled that Google must implement several policy changes aimed at fostering competition with its app store. Key provisions of the ruling include:
- Prohibiting Google from paying developers to exclusively use its app store.
- Preventing Google from restricting developers from informing consumers about direct app downloads.
- Stopping Google from mandating the use of its billing features.
- Allowing rival app stores access to Google’s catalog.
Despite Google’s attempts to overturn the ruling, an appeal in July was unsuccessful. The company argued that it was unfairly prevented from informing the jury about its competition with Apple’s App Store and contended that the case should have been adjudicated by a judge rather than a jury due to the nature of the plaintiff’s request for an injunction against its conduct.
Lee-Anne Mulholland, vice president of regulatory affairs at Google, commented in July that the ruling “will significantly harm user safety, limit choice, and undermine the innovation that has always been central to the Android ecosystem.”
