⚖️ Google loses appeal in Epic Games case

Epic Games’ Antitrust Win Against Google Stands

Last week, the 9th U.S. Circuit Court of Appeals rejected Google’s attempt to overturn a landmark antitrust ruling in favour of Epic Games. The lawsuit, filed in 2020 by the maker of Fortnite, accused Google of anti-competitive behaviour in how it controls app distribution and billing on Android. A jury sided with Epic in 2023, and the trial judge ordered Google to open up the Play Store to rival app stores and alternative billing systems. That order was paused while Google appealed, but with the appeals court’s decision, the tech giant must now implement significant changes to how its Android app ecosystem operates.

A Blow to Platform Lock-In and a Win for Developers

Google’s loss confirms that courts are willing to challenge Big Tech’s walled gardens and scrutinize platform control through an antitrust lens. The decision puts pressure on Google to allow app distribution outside the Play Store and loosen its grip on in-app payments, a key source of revenue. Google’s defence, that it competes with Apple’s App Store, was found insufficient, particularly because the judge restricted its ability to present that argument. The case further differentiates Android from iOS in terms of regulatory treatment, which could set a precedent for future litigation or legislative action targeting mobile ecosystems.

Prepare for More Distribution Freedom

For founders building Android apps, this decision could open more pathways to reach users without relying on Google’s 15 to 30 percent commission model. Although changes will take time to implement and may differ by jurisdiction, startups should begin exploring alternative distribution channels, billing providers, and customer acquisition strategies outside the Play Store. If you’re developing or scaling an app in the next 12 to 24 months, staying compliant with evolving billing rules while taking advantage of the new flexibility to lower costs or improve margins could provide a competitive edge. Keep track of the implementation timeline and adjust your product roadmap accordingly.

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