Google asks US appeals court to reject app store play

28/11/2024 6:07

        Alphabet's Google asked a
        U.S. appeals court on Wednesday to throw out a jury verdict and
        a judge's order forcing it to revamp its app store Play.
        
        In its first detailed argument to the San Francisco-based
        9th U.S. Circuit Court of Appeals, Google said the trial judge
        made legal errors that unfairly benefited the plaintiff,
        "Fortnite" maker Epic Games.
        
        Requiring a "dramatic redesign" of Google Play and its
        mobile-device operating system Android will hurt app developers
        and consumers, Google said in its court filing.
        
        Epic in a statement on Wednesday said Google was relying on
        “flawed arguments” that the jury rejected. “This meritless
        appeal is Google’s desperate attempt to avoid complying with the
        unanimous jury decision,” Epic said.
        
        Google declined to comment beyond its court filing.
        
        Epic’s 2020 lawsuit accused Google of monopolizing how
        consumers access apps on Android devices and how they pay for
        transactions within apps. The Cary, North Carolina-based company
        persuaded a San Francisco jury last year that Google illegally
        stifled competition.
        
        Based on the jury's findings, U.S. District Judge James
        Donato ordered Google in October to let users download rival app
        stores within Play and make Play's app catalog available to
        those competitors, among other reforms.
        
        The order, which would bind Google for three years, is on
        hold pending review in the 9th Circuit.
        
        Google told the appeals court on Wednesday that a jury
        should never have heard Epic's lawsuit because it sought to
        enjoin Google's conduct, not collect damages. It said Donato
        unfairly allowed Epic to tell jurors that Google and Apple
        are not competitors for app distribution and in-app
        payments.
        
        The filing said Donato was wrong to issue an injunction
        affecting users and developers nationwide, not just Epic. Google
        said the order made Donato "a central planner responsible for
        product design."
        
        The 9th Circuit said it will hear oral arguments on Feb. 3,
        with a ruling expected later next year.