Alphabet’s Google on Wednesday asked a US appeals court to overturn a jury’s verdict and a judge’s order forcing it to revamp its Play app store.
In its first detailed argument before 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.
Demanding a “drastic redesign” of Google Play and its Android mobile operating system will harm app developers and consumers, Google said in its court filing.
The lawsuit filed by Epic in 2020 accused Google of monopolizing how consumers access apps on Android devices and how they pay for in-app transactions. The Cary, North Carolina-based company last year convinced a San Francisco jury that Google was illegally stifling competition.
Based on the jury’s findings, U.S. District Judge James Donato ordered Google in October to allow users to download rival app stores within Play and to 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 a 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. He said Donato unfairly allowed Epic to tell jurors that Google and Apple are not competitors in app distribution and in-app payments.
The lawsuit said Donato was wrong to issue an injunction that affected users and developers across the country, 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 late next year.
