US judge orders Google to open app store to rivals
A U.S. federal judge has ordered that Google must permit Android apps developed by competing technology companies to be included in its Google Play app store for a three-year period starting next month.
This decision was one of several remedies issued by Judge James Donato in a lawsuit filed against Google by Epic Games, the creator of the popular video game Fortnite.
Google has announced its intention to appeal the ruling and request a delay on the implementation of the proposed remedies.
In December, a jury ruled in favor of Epic Games, which contends that Google has hindered competition by controlling the distribution of apps and payment systems on Android devices.
Google stated, “The changes would jeopardize consumers’ privacy and security, complicate developers’ ability to promote their apps, and diminish competition on devices.”
Some legal experts view the ruling as a significant challenge to the dominance of major technology companies.
Rebecca Haw Allensworth, a professor at Vanderbilt Law School, commented, “It demonstrates that courts are not inherently opposed to compelling dominant platforms to grant access to rivals in the interest of competition.”
In addition to this ruling, Google has been instructed to make its app catalog accessible to competing app stores.
“That isn’t something antitrust law would normally require,” said Mark Lemley, professor at Stanford Law School. “But the judge correctly noted that once you have violated the antitrust laws, courts can order you to do affirmative things to undo the harm you caused, even though you didn’t have the obligation to do those things in the first place.”
Google had argued that its Play app store operates in a competitive landscape, citing competition with iPhone-maker Apple, which was also sued by Epic Games in 2020.
That case ended with an appeals court ruling that Apple does not have a monopoly in mobile games.
Monday’s order is the latest legal blow suffered by Google in recent years on competition grounds.
In August, US District Judge Amit Mehta sided with the US Department of Justice, which accused the company of operating an illegal monopoly in online search.
Last month, District Judge Leonie Brinkema finished hearing arguments over similar government allegations that Google dominates the advertising technology market.
The company’s critics say Google’s fees of up to 30% on every payment made on its app store has meant higher prices for consumers.
“That is a rate they were able to charge because they were a monopoly,” said Lee Hepner, Senior Legal Counsel at the American Economic Liberties Project.
Mr Hepner said that the ruling is likely change that.
“There’s going to be a lot more incentive for developers to enter this market, and prices should be lower for consumers,” he said.
