A US federal judge has ruled that starting next month, Google must allow Android apps created by competing technology companies to appear on its Google Play app store for three years.
The change was one of several remedies ordered by Judge James Donato in a lawsuit brought against Google by Epic Games, the maker of the hit video game Fortnite.
Google will appeal the decision and seek a suspension of the proposed remedies.
In December, a jury sided with Epic, which argued that Google stifled competitors by controlling app distribution and payments on Android phones.
“This change will put consumer privacy and security at risk, make it harder for developers to promote their apps, and reduce competition on devices,” Google said in a statement.
Some legal experts hailed the ruling as a meaningful challenge to the dominance of a few tech giants.
"This does not necessarily mean that courts would require dominant platforms to share access with competitors in the name of competition,” said Rebecca Ho Allensworth, a professor at Vanderbilt Law School. It shows that they have not done so.”
The ruling required Google to make its catalog of apps available on competing app stores, among other remedies.
“That’s not typically what antitrust law requires,” said Mark Lemley, a professor at Stanford Law School. “But the judge said that once you violate antitrust laws, even if you were under no obligation to do so in the first place, the court may take affirmative action to undo the harm you caused. He correctly pointed out that they can be ordered to do so.
Google had argued that its Play app store operated in a competitive environment, citing competition from iPhone maker Apple, which was also sued by Epic Games in 2020.
The case ended with an appeals court ruling that Apple did not have a monopoly on mobile games.
Monday’s order marks the latest legal blow to Google in the competitive arena in recent years.
In August, U.S. District Judge Amit Mehta sided with the U.S. Department of Justice, which accused the company of operating an illegal monopoly over online search.
Last month, District Judge Leonie Brinkema concluded arguments against a similar government claim that Google dominates the advertising technology market.
The company’s critics argue that Google’s up to 30% fee on every app store payment means higher prices for consumers.
“This 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.
Hepner said this ruling is likely to change that.
“There will be more incentive for developers to enter this market, and prices should be lower for consumers,” he said.
