A federal judge in California has agreed to pause his recent order requiring Google to revamp its Android app store, the Play Store, by November 1, which was intended to enhance consumer options for downloading software. The ruling comes amid an ongoing antitrust lawsuit filed by Epic Games, the creator of “Fortnite.”
San Francisco-based U.S. District Judge James Donato made the decision on Friday to allow the 9th U.S. Circuit Court of Appeals time to evaluate Google’s request for a temporary suspension of the injunction. Google contended that the order issued on October 7 would not only harm the company but also pose “serious safety, security, and privacy risks” to the Android ecosystem.
While Donato delayed the implementation of the injunction, he denied Google’s request to pause the order throughout the duration of its broader appeal. In a statement, Google expressed satisfaction with the court’s decision, stating, “We’re pleased with the District Court’s decision to temporarily pause the implementation of dangerous remedies demanded by Epic, as the Court of Appeal considers our request to further pause the remedies while we appeal.”
Epic Games responded, describing Donato’s ruling as a procedural step that underscored the meritless nature of Google’s appeal. The company accused Google of employing “fearmongering and unsubstantiated security threats” to maintain its dominance over Android devices and continue imposing high fees.
The lawsuit stems from a jury’s finding last year that Google unlawfully monopolized the app download process on Android devices and dictated terms for in-app transactions. In light of the jury’s decision, Donato’s order mandated that Google allow users to download alternative third-party app stores and utilize competing payment methods. It also prohibited Google from incentivizing device manufacturers to preinstall its app store or sharing Play Store revenues with other app distributors.
Google has already filed an appeal against the jury’s antitrust verdict to the 9th Circuit. However, it has yet to present its antitrust arguments to the appeals court, asserting that it cannot be classified as a monopolist since the Play Store competes directly with Apple’s App Store. The company argues that Donato’s injunction would unlawfully compel it to collaborate with its rivals.
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