Google Asks US Supreme Court to Pause App Store Overhaul (1)

Alphabet Inc.’s Google asked the US Supreme Court to pause a lower court’s order requiring an overhaul of the technology giant’s app store policies in an antitrust case filed by Fortnite-maker Epic Games Inc.

In a filing dated Wednesday addressed to Supreme Court Justice Elena Kagan, Google said that the order now set to take effect Oct. 22 should be put on hold while the company seeks high court review of the dispute. If it is not delayed, the company and “its Android ecosystem will suffer irreparable harm,” Google said.

The filing was not immediately available on the court’s website.

Capping a five-year court battle, the ruling by the 9th US Circuit Court of Appeals in July called for the Google Play store to lift restrictions that prevent app developers from setting up rival marketplaces and billing systems.

Read More: Google Loses Appeal of Order to Revamp App Store Policies

Google said at the time that the decision will “significantly harm user safety” and undermine innovation for Android.

“Google continues to rely on flawed security claims that have been rejected by a jury of Americans and the 9th Circuit Court of Appeals to protect their control over Android devices,” said Epic spokesperson Natalie Munoz. “The court’s injunction should go into effect as ordered so consumers and developers can benefit from competition, choices and lower prices.”

Epic Games Chief Executive Officer Tim Sweeney praised the July ruling, saying it would enable his company to offer its Epic Games Store through Google Play.

In December 2023, a jury sided with Epic on its claims that Alphabet set restrictive Google Play policies and engaged in anticompetitive conduct by paying phone manufacturers and popular app developers to exclusively use its app store. Following the verdict, US District Judge James Donato in San Francisco ruled last year that Google must be more accommodating to rivals.

The Google-Epic antitrust battle has played out as the technology giant faces increased scrutiny over its business practices from regulators across the world.

Google’s filing was reported earlier by the New York Times.

(Updates with comment from Epic Games.)

--With assistance from Josh Sisco.

To contact the reporter on this story:
Peter Blumberg in San Francisco at pblumberg1@bloomberg.net

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Sara Forden at sforden@bloomberg.net

Elizabeth Wasserman

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