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
Apple Still Trying to Reverse Epic Antitrust Loss at Supreme Court

Report from Reuters In Brief – Apple has asked the US Supreme Court to review a lower court ruling that found the company in civil contempt for violating an injunction tied to its long-running legal fight with Epic Games. The Apple v Epic antitrust dispute began in...

Trump Cancels Executive Order on “Voluntary” AI Security Reviews

Report from the Washington Post In Brief – President Donald Trump cancelled signing a major executive order on artificial intelligence after last-minute lobbying from leading tech industry figures, including Elon Musk, Mark Zuckerberg, and former White House AI...

X Commits to Strengthen Anti-Terror Content Moderation in the UK

Report from The Guardian In Brief – Ofcom, the UK regulator enforcing the Online Safety Act (OSA), has announced that X has agreed to strengthen its moderation of terrorist and hate-related content. The commitments stem from Ofcom’s discussions with the top social...

Meta Joins Snap, TikTok and YouTube to Settle School District Lawsuit

Report from the New York Times In Brief – Meta has reached reached a settlement agreement in the first lawsuit headed to trial in federal court over claims that addiction to social media platforms has pushed public schools to spend massive sums fighting a youth mental...

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