bbieron@platformeconomyinsights.com

Google Faces Skeptical Judges in Appeal of Antitrust Loss to Epic Games

Feb 12, 2025

Report from Bloomberg

In Brief – Lawyers for Google and Epic Games faced off in front of a panel of US Ninth District Court of Appeals in Google’s challenge of its antitrust loss to Epic Games and the subsequent remedies crafted by Federal Judge James Donato. A jury ruled that Google violated federal antitrust law in the operation of its Android mobile operating system and the Google Play app store. Judge Donato then crafted remedies that include allowing app developers to stop using Google’s payments service that collects Google’s fees, requires Google to allow developers to distribute their own app store apps in the Play Store, and gives those third-party app stores access to all the apps available on the Play Store. Google argues that the jury ignored the robust competition between Apple and Android, in part due to improper instructions from Donato, and that their decision runs counter to the federal court ruling that Apple’s similar app store restrictions are legal. Google also argued that the trial should not have been before a jury and that Donato’s remedies go well beyond the facts of the case. The appeals court panel seemed especially skeptical of Google’s argument that their loss should be rejected because Apple won, as well as that they had a legal right to change to a bench trial very shortly before the trial was set to begin.

Context – Epic filed antitrust suits against both Apple and Google in 2020. Apple largely prevailed. Google lost. The fact that the “closed” Apple ecosystem with a larger market share was on the right side of antitrust law struck many as odd, but Apple had a bench trial while Google faced a jury of people potentially primed against Big Tech, and Google’s complicated regime of rules, contracts, and revenue-sharing deals, especially with device makers, proved problematic. Similar company practices were a big problem in Google’s antitrust loss to the US Department of Justice that determined they maintained a monopoly in online search. While Epic is challenging Apple’s compliance to an anti-steering order in another federal courtroom in California, both companies are facing demands to open app distribution in EuropeJapanSouth Korea and other markets.

View By Monthly
Latest Blog
Yelp Wins Legal Ruling in Antitrust Battle with Google

Report from Courthouse News Service In Brief – Federal Magistrate Judge Susan Van Keulen has ruled that Yelp, a leading internet company critic of Google’s search practices, can rely on District Judge Amit Mehta’s 2024 decision in the Justice Department’s landmark...

Illinois Governor Signs Robust AI “Safety” Law

Report from CBS News In Brief – Illinois Governor JB Pritzker (D) has signed the AI Safety Measures Act into law pushing the state to the forefront of AI regulation. The law imposes “safety” requirements on companies developing so-called frontier AI models, including...

Japan Moving to Regulate Social Media and AI in Election Campaigns

Report from Nippon.com In Brief – Japan's House of Representatives, the lower chamber of the Diet, has approved two bills by a majority vote that are intended to address the misuse of social media during election campaigns. The bills, which must next be considered by...

UK CMA Joins the Apple and Google App Store Global Regulation Parade

Report from Reuters In Brief – Britain’s Competition and Markets Authority (CMA) has announced its proposed new regulations to require Apple’s and Google’s app stores to allow app developers to direct users to third-party payment options to increase competition and...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required