Court upholds Epic win in Google Play Store antitrust battle
(2025/08/01)
- Reference: 1754072112
- News link: https://www.theregister.co.uk/2025/08/01/epic_google_verdict_affirmed/
- Source link:
A panel of judges has dismissed Google's appeal against an antitrust verdict over its Play Store business practices.
The [1]affirmation [PDF] of the earlier jury verdict – that "Google had violated federal and state antitrust laws in the markets for Android app distribution and Android in-app billing services" – means some significant changes could be inbound for the Google Play Store.
Tim Sweeney, boss of Epic Games, which has been fighting Google in court over the past few years, was unable to conceal his delight and [2]posted on social media: "Total victory in the Epic v Google appeal!"
[3]
The three-judge panel in the Ninth Circuit US Court of Appeals affirmed the [4]previous order forbidding Google from engaging in business practices including prohibiting developers from directing users away from its payment services, a tactic used to bolster the company's Play Store dominance.
[5]
[6]
Google has filed for an emergency administrative stay as it continues its appeals, but should that fail, seems that Google will have to open up Android while it continues to fight in court, paving the way for third parties to set up shop on the platform. As Google wrote in its request for the emergency stay, "Absent an emergency administrative stay, Google must make immediate changes to Google Play, which will impact over 100 million U.S. users and more than 500,000 app developers. Even if those changes are ultimately required — which Google strongly opposes and intends to challenge — requiring these changes to be imposed in only 14 days would expose users and developers to substantial risks and jeopardize the entire Android ecosystem."
The original injunction, only in the US, was set to run for three years and gave the Chocolate Factory eight months to implement the necessary changes. That three-year clock would begin ticking once the implementation was complete.
[7]Epic Games settles its antitrust side quest that sought battle royale with Samsung
[8]Apple slams door on Fortnite's stateside iOS comeback
[9]Epic judge orders Google to let rivals set up app stores
[10]Epic Games starts Battle Royale with Samsung, Google over app store practices
Epic hasn't had it all its way with the mobile tech giants. It mostly lost an antitrust battle with Apple [11]in 2021 , and Google hoped that the result of that case could be brought to bear on its legal tussle with the company.
The appeals panel disagreed, pointing out that the "commercial realities are different."
[12]
"Apple's 'walled garden' is, as the district court in Apple noted, markedly different from Google's 'open distribution' ... Google admits as much, noting that 'Android's open philosophy offers users and developers wider choices' than iOS does, even as that openness 'limit[s] Google's ability to directly protect users from encountering malware and security threats when they download apps.'"
So, not the same thing at all.
In a statement, Google Global Head of Regulatory Affairs told The Register , "This decision will significantly harm user safety, 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 secure platform as we continue our appeal."
[13]
As for Sweeney, he [14]posted : "Thanks to the verdict, the Epic Games Store for Android will be coming to the Google Play Store!" ®
Get our [15]Tech Resources
[1] https://regmedia.co.uk/2025/08/01/googlevepic.pdf
[2] https://x.com/TimSweeneyEpic/status/1950962683387261359
[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2aI049dJAbqbT_UXxyh6LuAAAAJc&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[4] https://www.theregister.com/2024/10/07/google_android_play_store_epic/
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44aI049dJAbqbT_UXxyh6LuAAAAJc&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
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[7] https://www.theregister.com/2025/07/08/epic_games_samsung_settle/
[8] https://www.theregister.com/2025/05/16/apple_block_fortnite_ios/
[9] https://www.theregister.com/2024/10/07/google_android_play_store_epic/
[10] https://www.theregister.com/2024/10/01/epic_games_sues_samsung_google/
[11] https://www.theregister.com/2021/09/10/apple_epic_judgement/
[12] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44aI049dJAbqbT_UXxyh6LuAAAAJc&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[13] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33aI049dJAbqbT_UXxyh6LuAAAAJc&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[14] https://x.com/TimSweeneyEpic/status/1950968220833423451
[15] https://whitepapers.theregister.com/
The [1]affirmation [PDF] of the earlier jury verdict – that "Google had violated federal and state antitrust laws in the markets for Android app distribution and Android in-app billing services" – means some significant changes could be inbound for the Google Play Store.
Tim Sweeney, boss of Epic Games, which has been fighting Google in court over the past few years, was unable to conceal his delight and [2]posted on social media: "Total victory in the Epic v Google appeal!"
[3]
The three-judge panel in the Ninth Circuit US Court of Appeals affirmed the [4]previous order forbidding Google from engaging in business practices including prohibiting developers from directing users away from its payment services, a tactic used to bolster the company's Play Store dominance.
[5]
[6]
Google has filed for an emergency administrative stay as it continues its appeals, but should that fail, seems that Google will have to open up Android while it continues to fight in court, paving the way for third parties to set up shop on the platform. As Google wrote in its request for the emergency stay, "Absent an emergency administrative stay, Google must make immediate changes to Google Play, which will impact over 100 million U.S. users and more than 500,000 app developers. Even if those changes are ultimately required — which Google strongly opposes and intends to challenge — requiring these changes to be imposed in only 14 days would expose users and developers to substantial risks and jeopardize the entire Android ecosystem."
The original injunction, only in the US, was set to run for three years and gave the Chocolate Factory eight months to implement the necessary changes. That three-year clock would begin ticking once the implementation was complete.
[7]Epic Games settles its antitrust side quest that sought battle royale with Samsung
[8]Apple slams door on Fortnite's stateside iOS comeback
[9]Epic judge orders Google to let rivals set up app stores
[10]Epic Games starts Battle Royale with Samsung, Google over app store practices
Epic hasn't had it all its way with the mobile tech giants. It mostly lost an antitrust battle with Apple [11]in 2021 , and Google hoped that the result of that case could be brought to bear on its legal tussle with the company.
The appeals panel disagreed, pointing out that the "commercial realities are different."
[12]
"Apple's 'walled garden' is, as the district court in Apple noted, markedly different from Google's 'open distribution' ... Google admits as much, noting that 'Android's open philosophy offers users and developers wider choices' than iOS does, even as that openness 'limit[s] Google's ability to directly protect users from encountering malware and security threats when they download apps.'"
So, not the same thing at all.
In a statement, Google Global Head of Regulatory Affairs told The Register , "This decision will significantly harm user safety, 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 secure platform as we continue our appeal."
[13]
As for Sweeney, he [14]posted : "Thanks to the verdict, the Epic Games Store for Android will be coming to the Google Play Store!" ®
Get our [15]Tech Resources
[1] https://regmedia.co.uk/2025/08/01/googlevepic.pdf
[2] https://x.com/TimSweeneyEpic/status/1950962683387261359
[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2aI049dJAbqbT_UXxyh6LuAAAAJc&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[4] https://www.theregister.com/2024/10/07/google_android_play_store_epic/
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44aI049dJAbqbT_UXxyh6LuAAAAJc&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33aI049dJAbqbT_UXxyh6LuAAAAJc&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[7] https://www.theregister.com/2025/07/08/epic_games_samsung_settle/
[8] https://www.theregister.com/2025/05/16/apple_block_fortnite_ios/
[9] https://www.theregister.com/2024/10/07/google_android_play_store_epic/
[10] https://www.theregister.com/2024/10/01/epic_games_sues_samsung_google/
[11] https://www.theregister.com/2021/09/10/apple_epic_judgement/
[12] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44aI049dJAbqbT_UXxyh6LuAAAAJc&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[13] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33aI049dJAbqbT_UXxyh6LuAAAAJc&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[14] https://x.com/TimSweeneyEpic/status/1950968220833423451
[15] https://whitepapers.theregister.com/
Google's mistake
DS999
Was thinking that being "open" was enough to protect them. It would have been, if they hadn't been pressuring OEMs not to preinstall Epic's third party app store. That's what did Google in. Same type of conduct that Microsoft and Intel both had their hands slapped over. US antitrust enforcement might be lax, but pressuring OEMs you're licensing your product to seems to be the one thing the courts will hold your feet to the fire over.
Really?
Our top priority remains protecting our users, developers and partners,
Our top priority remains protecting our bottom line.
FTFY.