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Apple Seeks Temporary Stay from US Appeals Court on Epic Games Verdict

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Apple has formally requested that a federal appeals court temporarily suspend key parts of a recent ruling requiring the company to open up its App Store to more competition. This request was filed with the San Francisco-based 9th US Circuit Court of Appeals as Apple seeks to pause the enforcement of the order while it pursues a legal challenge. The tech giant warned that if the order issued on April 30 is not stayed, it could suffer irreparable harm.

The ruling in question stems from a 2020 antitrust lawsuit filed by Epic Games, the creator of the popular game Fortnite. The case has been closely watched for its potential to reshape how Apple manages its App Store and interacts with third-party app developers. Apple has been found in contempt for allegedly violating an earlier court injunction by maintaining certain policies that the judge deemed restrictive.

US District Judge Yvonne Gonzalez Rogers ordered Apple to halt several practices designed to sidestep the original injunction. Among these, Apple faces restrictions on implementing a new 27 percent fee on developers for app purchases made outside the App Store. Additionally, the judge’s order bars Apple from limiting where developers can place links directing users to alternative purchase options outside of an app.

In its court filing, Apple argued that forcing the company to comply with the ruling would mean giving away access to its products and services for free, which it says is legally untenable. The company is actively challenging these specific provisions, asserting that they interfere with Apple’s ability to control core aspects of its business and set terms for the App Store ecosystem.

Google Plans to Appeal App Store Ruling to US Appeals Court

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Lawyers representing Alphabet’s Google and Epic Games are preparing to face off before the 9th US Circuit Court of Appeals in California on Monday. The legal battle comes as Google seeks to overturn a 2023 jury verdict and an order from US District Judge James Donato that mandates the company to overhaul its app store practices. Google has argued that the judge’s decision in favor of Epic Games was based on legal errors, which it claims unfairly benefited the Fortnite maker.

The case stems from a 2020 lawsuit filed by Epic Games, in which the company accused Google of monopolizing the Android app ecosystem. Epic alleged that Google restricted how consumers could access apps and make in-app transactions, stifling competition in the process. A jury in San Francisco sided with Epic in 2023, finding that Google had engaged in anti-competitive behavior, and Judge Donato subsequently ordered the company to implement changes to restore market competition.

As part of the court’s ruling, Google was directed to allow users to download alternative app stores through its Play Store and make its app catalog accessible to competing app stores. These reforms were intended to open up the Android ecosystem to more competition. However, the enforcement of this order has been put on hold while the 9th Circuit considers Google’s appeal.

Google contends that its Play Store is already in competition with Apple’s App Store, and the company claims that Judge Donato allowed Epic Games to present a biased argument in court. Specifically, Google argues that the trial judge allowed Epic to mislead the jury by asserting that Google and Apple do not compete in app distribution and in-app payments, which Google believes was a key point in the case’s outcome. As the appeal progresses, the legal battle could have significant implications for how app stores operate on both Android and iOS platforms.

Google Appeals to Overturn App Store Verdict in Legal Battle with Epic

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Alphabet’s Google and Epic Games faced off in a U.S. appeals court on Monday, as Google sought to overturn a jury verdict and a judge’s order requiring it to modify its app store policies.

During the hearing before the 9th U.S. Circuit Court of Appeals in San Francisco, Google’s attorney argued that the trial judge had made legal errors that unfairly benefited Epic Games. The lawsuit, initially filed in 2020, accused Google of monopolizing app distribution and in-app payment systems on Android devices. A jury ruled in favor of Epic in 2023, leading U.S. District Judge James Donato to order Google to implement reforms, including allowing users to download competing app stores via the Play Store.

Google has appealed the decision, which is currently on hold. Jessica Ellsworth, representing Google, contended that the company faces strong competition from Apple’s App Store and that the trial judge had improperly limited Google’s ability to present that argument. However, Judge Danielle Forrest of the 9th Circuit challenged Google’s stance, emphasizing differences between the Android and Apple ecosystems.

Epic’s attorney, Gary Bornstein, urged the court to uphold the previous ruling, arguing that Google’s app store policies had harmed competition for years. He also dismissed Google’s claims that the required changes would compromise user privacy and security.

The case has attracted support for Epic from Microsoft, as well as the U.S. Justice Department and the Federal Trade Commission. A decision from the 9th Circuit is expected later this year, with the possibility of further appeal to the U.S. Supreme Court.