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Epic ruling

Google ordered to open Android app store after losing Epic Games appeal

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The news: Google has lost its appeal of a judge’s order requiring an overhaul of its app store policies in an antitrust case brought by Epic Games.

The US Court of Appeals for the Ninth Circuit upheld the decision, meaning Google must lift restrictions that prevent developers from creating rival marketplaces and billing systems on Android.

The context: The injunction had been on hold since last year during the appeal. The court rejected Google’s argument that the trial judge made legal errors and said the district court had the authority to require Google to deal with parties harmed by its anticompetitive conduct.

What they said: Judge Margaret McKeown wrote that antitrust remedies can and often must limit otherwise lawful conduct to prevent anticompetitive activity.

“The district court had within its basket of remedial powers the authority to require Google to deal with parties harmed by its anticompetitive conduct, including its competitors,” McKeown wrote.

Google said the ruling will significantly harm user safety and undermine innovation and confirmed it will continue its appeal.

“Our top priority remains protecting our users and developers, and ensuring a secure platform as we continue our appeal,” Lee-Anne Mulholland, Google’s vice president for regulatory affairs told Bloomberg in a statement.

The numbers: The jury verdict in December 2023 found Alphabet engaged in anticompetitive conduct, including paying manufacturers and developers to exclusively use its app store.

Alphabet shares were trading over 2% lower in afternoon trading.


By Paulina Durán