Google has requested a California federal judge to pause a sweeping court order that would force the tech giant to open its Play Store to more competition. In a court filing submitted late Friday, Google argued that the order, set to take effect on November 1, would cause significant harm to the company and pose “serious safety, security, and privacy risks” to the Android ecosystem. Google, a subsidiary of Alphabet, is now asking US District Judge James Donato to temporarily halt the injunction while the company pursues an appeal.
The injunction stems from a legal battle initiated by Epic Games, the maker of the popular game “Fortnite.” In a lawsuit, Epic Games accused Google of monopolizing how consumers download apps on Android devices and controlling how in-app transactions are processed. Last year, a federal jury sided with Epic Games, finding Google’s practices anti-competitive. On October 7, Judge Donato issued an injunction requiring Google to loosen its grip on the Play Store and app distribution on Android.
Key aspects of the injunction
The judge’s order mandates significant changes to how Google operates its Play Store, with the aim of fostering more competition. The ruling includes several provisions:
- Allowing Third-Party App Platforms: Google must permit users within the Play Store to download and use competing third-party Android app platforms or stores. This would significantly reduce Google’s control over how apps are accessed on Android devices.
- In-App Payment Flexibility: Google can no longer prohibit the use of alternative in-app payment methods within Play Store apps. Currently, developers are required to use Google’s payment system, which takes a commission from transactions.
- Restrictions on Device Manufacturer Deals: The order bans Google from making payments to device manufacturers in exchange for preinstalling the Play Store. Additionally, Google is prohibited from sharing Play Store revenue with other app distributors, a practice that further cements its dominance in the Android app ecosystem.
Google’s arguments for a stay
In its request to put the ruling on hold, Google expressed concerns about the potential impact of the injunction on both the company and Android users. According to the tech giant, complying with the court order would compromise the security, privacy, and safety of the Android platform. Google has long argued that its control over app distribution and payment processing is necessary to maintain the integrity of the Android ecosystem, protecting users from malicious apps and ensuring a smooth, secure experience.
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Google also emphasized that implementing the order immediately would be a complex and disruptive process. The company is urging Judge Donato to stay the order while it appeals the decision, warning that the rapid changes could create confusion for developers and users alike.
Next steps in the legal battle
If Judge Donato denies Google’s request to delay the ruling, the company plans to escalate the matter to the San Francisco-based 9th US Circuit Court of Appeals. Google filed a notice of appeal with the court on Thursday, signaling its intent to challenge both the jury’s antitrust verdict and Judge Donato’s subsequent injunction.
The 9th Circuit Court of Appeals will ultimately decide whether to stay the injunction while Google’s appeal proceeds. If upheld, the ruling could reshape the landscape of Android app distribution and payment processing, paving the way for greater competition and potentially reducing Google’s dominance in the mobile app market.
