The revolution in Google Play begins! Soon you'll be able to download Epic Games Store and other stores there

The long-standing legal dispute between Epic Games and Google has another significant chapter. The appeals court refused to overturn the 2023 jury verdict, which deemed Google’s practices in the app store and payment system as an illegal monopoly. This decision could completely change how app distribution works on the Android platform, with the first visible consequence being the arrival of the Epic Games Store directly into Google Play.

Court upheld monopoly ruling

The Ninth Circuit Court of Appeals in its decision refused to overturn the unanimous jury verdict from 2023. Judge M. Margaret McKeown stated in her opinion that the outcome of the case rests on “long-standing principles of judicial procedure, antitrust rules, and remedies.” This decision upholds that Google, through its practices, created and maintained an illegal monopoly on app distribution and the payment system on the Android platform.

Part of the decision also includes the lifting of the stay on the permanent injunction, which orders Google to open its ecosystem to competing app stores. Judge James Donato originally issued this injunction in 2024, but stayed most of its parts during the appeal. Now that the appeals court has affirmed the original decision, it appears Google will have to begin implementing changes that will free up competition.

Reactions from both sides

Epic Games CEO Tim Sweeney immediately reacted on social media, calling the outcome “a complete victory in the Epic v. Google appeal!” He also announced that “thanks to this verdict, the Epic Games Store for Android is coming to the Google Play Store!” Epic has thus finally achieved its long-term goal – to get its own app store directly into Google’s ecosystem, without users having to install apps from unknown sources.

Google, on the other hand, confirmed that it will appeal further, likely to the U.S. Supreme Court. The company stated in its declaration to The Verge: “This decision will significantly harm user security, limit choice, and undermine the innovation that has always been central to the Android ecosystem. Our top priority remains protecting our users, developers, and partners and maintaining a safe platform as we continue our appeal.”

Impacts on the Android Ecosystem

If the decision stands, it will have far-reaching consequences for the entire Android ecosystem. Google will be forced to significantly open its app store to competition for three years. This includes the obligation to distribute competing app stores directly within Google Play, provide competitors with access to the entire Google Play app catalog, and prohibit a number of practices deemed anti-competitive, including the requirement for apps to use the Google Play payment system.

The revolution in Google Play begins! Soon you'll be able to download Epic Games Store and other stores there Jakub Kárník News Jakub Kárník News

The court, in its verdict, noted, among other things, that “Google’s own expert admitted that Google would be able to manage these difficulties using the same technological criteria it uses for other third-party software applications already available in the Play Store.” The court further added that “the injunction merely orders Google to treat these software products in the same way it treats other products already offered on the platform.”

Interestingly, the court rejected Google’s argument that it cannot have a monopoly on Android apps when it competes with Apple. Judge McKeown explained this with a fast-food analogy: “McDonald’s may compete with Chick-fil-A in the fast-food market, but it does not compete with Chick-fil-A in the hamburger market (where it instead competes with Wendy’s, Burger King, Sonic, and In-N-Out Burger). Although Google and Apple compete for mobile game downloads and in-game transactions, they do not compete in the app distribution and payment system markets specific only to Android.”

Long Road to a More Open Android

The entire dispute began in 2020 when Epic Games deliberately implemented code into Fortnite that bypassed Google’s (and Apple’s) payment system. Following Fortnite’s subsequent removal from both stores, Epic filed lawsuits. While Epic lost most points against Apple, the situation unfolded differently with Google.

During the trial, the jury saw evidence of secret revenue-sharing agreements between Google, smartphone manufacturers, and game developers. The jury also saw internal emails between Google executives suggesting that Google was concerned about how Epic might persuade other game developers to join or create competing app stores, which would create unwanted competition for Google.

The revolution in Google Play begins! Soon you'll be able to download Epic Games Store and other stores there Jakub Kárník News Jakub Kárník News

How will the situation unfold further? Will Android truly become a more open platform, or will Google find a way to maintain control despite the court’s decision? And how will this change affect the security and quality of applications available to Android users? We’ll have to wait and see…

Will you download Epic Store directly from Google Play?

Source: The Verge