According to Cointelegraph, Google has requested a United States appeals court to overturn a lower court's decision in the antitrust lawsuit filed by Epic Games. The ruling in question would require Google to permit third-party app stores and payment solutions, including those supporting cryptocurrencies, on its Play Store.
In a detailed 110-page submission to the Ninth Circuit Appeals Court on November 27, Google contended that the decision by a California federal court judge would undermine its competitive stance against Apple and its iPhone. Google argued that the judge should have acknowledged its competition with Apple in the smartphone market and aligned the decision with the outcome of Epic's case against Apple, where the iPhone maker was not found to have violated antitrust laws. Furthermore, Google asserted that Judge James Donato should have made a direct ruling rather than conducting a jury trial, as Epic's case against Apple did not involve one. The ruling, according to Google, unfairly forces it to compete with rival app stores, a requirement not imposed on Apple.
Epic Games initially filed lawsuits against both Apple and Google in August 2020, accusing them of imposing unfair restrictions on apps by mandating the use of their payment systems, which take a 30% commission on all transactions, and preventing apps from utilizing external payment systems. Epic attempted to bypass these fees by introducing its own payment system within its app, leading to the removal of its popular game, Fortnite, from both Apple and Google's app stores. This action prompted Epic to sue both companies. The restrictions imposed by Apple and Google on their app marketplaces have significantly limited the capabilities of crypto-native apps, such as non-fungible token (NFT) marketplaces, which often function as digital art galleries.
Judge Donato had previously ordered Google to lift its restrictions on external payments for apps on its Play Store, allowing developers to offer users the option to download apps from outside Google's marketplace. This order followed a jury's finding in December 2023 that Google had violated antitrust laws by obstructing rival app stores. However, the ruling and Judge Donato's order are currently on hold. The appeals court may choose to uphold the order while Google's appeal is considered or delay enforcing changes to the app store until a final decision is reached. Oral arguments are scheduled to be heard at the San Francisco-based court on February 3, 2025. Epic Games has not yet responded to requests for comment.