Google has taken its legal battle to a US appeals court, seeking an overturning of a jury monopoly verdict that branded the Play Store an illegal monopoly. The tech giant argued Monday before the Ninth Circuit Court of Appeals that the trial judge erred in allowing the case to proceed under a definition of the app market that unfairly favored Epic Games.
Epic Games, the maker of Fortnite, had filed an antitrust case against Google back in 2020, charging it with monopoly over the Android device app and in-app purchase distribution. The San Francisco jury delivered a verdict in favor of Epic in 2023; the federal judge then implemented some sweeping changes for the operations of the Play Store, which includes allowing other alternative app stores within Google’s platform. However, these penalties are on hold pending the outcome of Google’s appeal.
Arguing before the court on Monday, Google’s attorney, Jessica Ellsworth, said the decree issued by the learned judge ignored the wider competitive landscape in concluding that the Play Store was in direct competition with Apple’s App Store. She also argued that the case should not have been decided by a jury but by a judge, as was the case with Apple’s antitrust trial in 2021.
The appeals judges appeared skeptical, though, of Google’s position. Judge Danielle J. Forrest indicated key differences in the two ecosystems: while Android is licensed by Google to other manufacturers, the Apple “ecosystem” is maintained in a “walled garden.” Judge Gabriel Sanchez further pierced through Google’s argument by suggesting that competition with Apple does not serve as an obstacle to a Google monopoly in its ecosystem.
It is Bornstein, attorney for Epic, who hereby requested that the court affirm the verdict contending that Google’s practices “stifle competition and inflate prices” that inure to the benefit of the consumers. The appeals court has yet to indicate when it will decide, but this could have far-reaching consequences in the digital marketplace realm.”
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