Google temporarily halts release of Google Play Store in lawsuit against Epic Games

By Yuri Samoilov

In a case where Epic Games, the developer of the popular game 'Fortnite' and operator of the game distribution platform 'Epic Games Store,' claimed that Google Play Store was monopolizing the Android app store market, the Northern District of California issued a three-year order to open the app store. Google appealed the ruling, seeking a stay of the order, and Judge James Donato of the Northern District of California granted a stay of the order.

Motion Hearing AND ~Util - Terminate Motions – #711 in Epic Games, Inc. v. Google LLC (ND Cal., 3:20-cv-05671) – CourtListener.com
https://www.courtlistener.com/docket/17443962/711/epic-games-inc-v-google-llc/

Epic judge lets Google keep its Android app store closed to competitors — for now - The Verge
https://www.theverge.com/2024/10/18/24271996/google-epic-lawsuit-play-third-party-app-store-changes-delayed-administrative-stay-granted

The trial between Epic Games and Google has been ongoing since August 13, 2020, and in December 2023, a ruling was made in favor of Epic Games, stating that 'Google has created an anti-competitive market through its app store.'

California court rules in favor of Epic Games in antitrust lawsuit against Google - GIGAZINE

On October 7, 2024, an order outlining what Google must do was finalized, requiring Google to allow the distribution of third-party app stores competing with Google Play within the Google Play Store for three years, from November 1, 2024 to November 1, 2027. Google was also ordered to provide third-party app stores with a catalog of all apps registered in the Google Play Store.

As a result of the Google vs. Epic Games lawsuit, 'third-party app stores' can be distributed on Google Play, and Google requests that the order be suspended - GIGAZINE

However, Google argued that the order 'could create serious safety, security and privacy risks to the Android ecosystem,' and requested that the order be halted entirely. Google also said that it competes with Apple's App Store and that it has never monopolized the app store market, and requested that the order be halted.

In response, Judge Donato denied the request to suspend the injunction, stating that 'in accordance with the standards for granting a stay of a court order under the decision in Nken v. Holder , I have determined that a complete stay of the injunction is not justified, particularly given the likelihood of success on the merits and the public interest.' However, he granted a stay of the injunction 'until the Court of Appeals considers the appropriateness of the order and Google's requests and determines whether to grant Google's claim.' This will postpone the order's effectiveness from November 1, 2024.

However, the suspension granted by Judge Donato was only partial, and only Section 8 was not suspended. Section 8 of the order prohibits Google from making financial payments, sharing revenue, or providing access to Google products or services to smartphone device manufacturers or carriers for three years, from November 1, 2024 to November 1, 2027, on the condition that the device does not pre-install an Android app store other than the Google Play Store. This prohibits Google from entering into exclusive agreements to maintain its monopoly position in the Google Play Store.

'We are pleased with the court's decision to halt the implementation of the dangerous remedies requested by Epic Games, which threaten to provide a safe and secure experience for Google Play. We will continue to defend our claims to protect our 100 million U.S. Android users, more than 500,000 developers, and the thousands of partners who benefit from our platform,' Google told The Verge.

On the other hand, Epic Games said, 'Google continues to baselessly use the term 'security threats' to protect its control over Android devices and continue to extract exorbitant fees. The suspension of the order is merely a procedural measure to give the appeals court time to rule on Google's request.'