Google’s long-running clash with Epic Games over its control of the app store system suffered another setback Friday when the Ninth Circuit Court of Appeals rejected the company’s request for a rehearing.
With that denial, Google’s last option to undo its loss lies with the US Supreme Court.
We obtained a copy of the ruling for you here.
Epic, the developer behind Fortnite, convinced a jury in 2023 that the Google Play Store and its billing platform gave Google an unlawful monopoly in the Android app market.
The trial court imposed an injunction that restricted Google’s practices, and the appellate judges concluded that the order was properly supported by the evidence.
Judge Mary Margaret McKeown, writing for the three-judge panel, said the findings left little doubt: “These remedies and their scope are supported by the record and the nature of the market, and we uphold them along with the liability verdict and the entire injunction.”
Google criticized the decision. “We are disappointed with the Ninth Circuit’s decision and we believe the injunction will undermine the security and privacy of users,” a spokesperson said.
“We are reviewing our options for appealing to the US Supreme Court. Protecting users and the Android ecosystem remains our top priority.”
The panel highlighted the sharp difference between Fortnite’s chaotic gameplay and the deliberate nature of antitrust litigation.
“In the world of adrenaline-fueled survival that epitomizes the video game Fortnite, winners are decided in blazes of destruction and glory,” McKeown wrote.
“By contrast, the outcome of this case — centered on Fortnite’s developer, Epic Games, and the Google Android platform — turns on longstanding principles of trial procedure, antitrust and injunctive remedies.”
One of Google’s arguments was that Epic should not have been able to seek nationwide injunctive relief.
The court dismissed that position, saying the company “misses the mark” and warning against stretching comparisons to other Supreme Court rulings.
Google also pointed to Epic’s failed lawsuit against Apple, claiming the issues should have carried over, but the judges disagreed.
“The difference in the market-definition issues is the death knell for Google’s argument,” McKeown stated.
The panel also concluded that the 2023 trial had been properly conducted.
