Lawsuit filed by Fortnite creator against Google upholds ruling
In a groundbreaking decision, Epic Games has secured a significant victory against Google in a high-profile antitrust case. The dispute centres around Google's alleged monopoly over Android app distribution and in-app billing services.
The jury's verdict, delivered in November 2023, found Google guilty of unlawfully maintaining a monopoly in these markets, globally excluding China. The court ruled that Google violated federal and California antitrust laws by conditioning the use of the Google Play Store on the use of Google Play Billing, thus unlawfully restraining trade and tying services.
Following the trial, a permanent injunction was issued in October 2024. This injunction, which will last for three years, prohibits Google from offering benefits to app distributors, developers, OEMs, or carriers in exchange for preferential treatment of the Play Store. It also requires Google to allow developers to inform users about and access alternative billing, pricing, and distribution options. Key provisions include "catalog sharing" (Google must provide a catalog of Play Store apps to rival app stores) and "app-store distribution" reforms.
In July 2025, the Ninth Circuit Court of Appeals upheld this injunction. This decision marks a significant legal development, indicating that courts can require dominant platforms like Google not just to stop unlawful behaviour but to take proactive steps to enable competition.
Google had sought an emergency administrative stay of the injunction, but the Ninth Circuit largely supported the lower court’s ruling, maintaining the requirement for Google to open aspects of its Android app ecosystem to competition.
While Epic was less successful in its similar lawsuit against Apple, the Google case stands as a strong precedent for antitrust enforcement against large app store operators. Microsoft backed Epic in the case.
The court's decision can be appealed to the US Supreme Court. Meanwhile, Epic is also in a legal battle with Apple over a court order requiring Apple to give developers more freedom to direct consumers to make purchases outside its App Store.
Epic defended the verdict and court injunction, stating that the Android app market has been affected by anti-competitive behaviour for over a decade. US District Judge James Donato ordered Google to restore competition by allowing users to download rival app stores within its Play store and making Play's app catalog available to competitors.
The Justice Department and Federal Trade Commission also filed a brief in support of Epic. Google argued that Epic's lawsuit should not have gone to a jury because it sought an injunction, not damages. Google also argued that the tech company's Play store competes with Apple's App Store, but the court did not allow Google to make this point to contest Epic's antitrust claims.
This case significantly influences antitrust policy for large digital platforms, especially regarding app store control and billing systems.
- The victory secured by Epic Games against Google in the antitrust case has set a significant precedent for the technology industry, as the court's decision influences antitrust policy for large digital platforms, particularly regarding app store control and billing systems.
- The verdict delivered by the jury in 2023 found Google guilty of violating federal and California antitrust laws, specifically due to unlawfully maintaining a monopoly and conditioning the use of the Google Play Store on Google Play Billing.
- The permanent injunction issued in 2024 requires Google to take proactive steps to enable competition in the app distribution and billing services market, including allowing developers to inform users about and access alternative billing, pricing, and distribution options, as well as providing a catalog of Play Store apps to rival app stores.
